Data Protection Conference Issues Guide on Legal Use of AI Models, Germany

Companies, organizations and authorities are eager to harness the power of artificial intelligence (AI) for a variety of applications, particularly focusing on large language models (LLMs) like ChatGPT. However, concerns have been raised regarding the compliance of these AI models with the General Data Protection Regulation (GDPR). To address these issues, the German Data Protection Conference has released comprehensive guidelines aimed at ensuring GDPR-compliance when utilizing AI applications, specifically targeting LLMs.
The guidelines provided by the Data Protection Conference emphasize the importance of defining a clear purpose for utilizing AI applications within companies and restricting the use of personal data to only what is necessary. It highlights the necessity of obtaining legal basis for processing personal data and ensuring that human oversight is maintained over AI decisions that impact individuals. The guidelines also stress the significance of implementing closed systems to safeguard against data migration and uphold transparency obligations.
Moreover, the guidance outlines the necessity of conducting data protection impact assessments and adhering to principles of data protection by design and by default during the implementation of AI applications. It also addresses the challenges around rectification and erasure of data within LLMs, urging organizations to establish procedures that enable individuals to effectively exercise these rights. Additionally, the guidelines caution against bias in AI applications and emphasize the importance of upholding legal regulations such as the General Equal Treatment Act.
Overall, the guidelines issued by the Data Protection Conference serve as a comprehensive framework for ensuring the responsible and GDPR-compliant use of AI applications, specifically focusing on LLMs. By following these guidelines, companies can navigate the legal complexities surrounding AI implementation while upholding data protection standards and safeguarding individual rights.