Key Privacy Considerations When Using ChatGPT

ChatGPT is now widespread across many industries and is still rising, with the tool offering a range of support, such as automating tasks, generating content, and even performing complex analyses. However, businesses must consider their data protection responsibilities under the UK General Data Protection Regulation (UK GDPR) when using AI technologies. ChatGPT relies on vast datasets; whether it processes personal data depends on how the system is used. Businesses must comply with data protection law rules when personal data is involved. This is a novel and fast-developing topic, and this article explores some introductory data protection considerations for ChatGPT.

Why Does UK GDPR Apply to Your Use of ChatGPT?

Although ChatGPT processes large amounts of data, it may not always process personal data. The application of the UK GDPR depends on how you use the system. Suppose you or your employees input identifiable information, such as names or contact details that falls under the scope of personal data. The UK GDPR applies in that case, and you must meet your legal obligations.

When ChatGPT involves personal data, organisations must comply with UK GDPR requirements. This includes identifying a lawful basis for processing, providing transparent information, and implementing robust data security measures. Failure to meet these obligations can lead to severe consequences and reputational damage. 

How Can You Demonstrate Compliance With ChatGPT Under UK GDPR?

To use ChatGPT in compliance with the UK GDPR and its stringent rules, your business may need to consider the following key issues (which will also depend on whether you act as a data controller or processor):

Lawful Basis for Processing

Under the UK GDPR, you must identify and document the lawful basis for processing personal data. When using ChatGPT, you should determine the lawful bases for different processing activities, including model training and deploying the AI tool.

Data Minimisation & Accuracy

The principle of data minimisation requires you to process only the personal data necessary for your specific purpose. Ensure that input data is limited to what is required for the task, especially when personal data is involved.

Under the principle of accuracy, you must ensure that any personal data processed by ChatGPT is correct and up-to-date. You should regularly review the data you process to prevent errors and inaccuracies.

Transparency

You should provide clear and accessible privacy notices to inform individuals clearly and thoroughly about how you process their data. These notices should explain what personal data you collect, why you collect it, how long you will retain it, and how individuals can exercise their data rights.

If you use AI tools such as ChatGPT, your privacy notice should specifically explain how you use the AI system, whether you share data with third parties, for instance. 

Security and Training 

You should implement robust security measures to protect personal data in compliance with the UK GDPR. This can include encryption, access controls, and regular security audits.

When using ChatGPT, you can seek to integrate security by design and by default into your processes. Ensure that security measures are in place from the outset and that you regularly conduct audits and risk assessments to identify and mitigate potential vulnerabilities.

Thorough employee training is essential to help a business mitigate the risks of incorrect data handling when using ChatGPT. Companies should implement clear policies and training programs to ensure that staff are fully aware of the types of data they should avoid inputting into the system, reducing the risk of compliance breaches and protecting against potential legal repercussions.

Data Protection Impact Assessments 

If you use ChatGPT for high-risk processing activities, such as processing sensitive data, you will need to conduct a Data Protection Impact Assessment (DPIA).

While these are some key considerations, this is a broad and complex topic, and you should seek legal advice to understand the full extent of your specific compliance obligations. 

What Regulatory Guidance Can Companies Refer To?

The Information Commissioner’s Office (ICO) has provided guidance for businesses using AI tools like ChatGPT. This guidance covers a range of matters, such as identifying the lawful basis for processing personal data, determining whether your organisation is a controller or processor, and conducting DPIAs to mitigate risks. It is vital to consult this guidance and ensure your business complies.

If you need support understanding your specific compliance tasks when using ChatGPT, you can also seek advice from a data protection lawyer. 

GDPR Essentials Factsheet

This factsheet sets out how your business can become GDPR compliant.

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Key Takeaways

Compliance with UK GDPR is critical for any UK organisation that processes personal data using ChatGPT. Not all uses of ChatGPT will involve personal data. Still, when processing personal data, you must comply with fundamental principles such as transparency, data minimisation, security, and accountability. Conducting DPIAs, documenting your lawful bases for processing, and implementing strong security measures are essential steps to avoid data protection law risks. Regularly training your staff on responsible AI use will help ensure that personal data is handled correctly and in line with data protection laws.

If you need advice on data protection law compliance when using AI tools, our experienced data privacy lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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