Processing of personal data through ChatGPT

Global privacy debates are on the rise, particularly due to the far-reaching capabilities of AI technologies such as ChatGPT to process personal data. These technologies have led to interim bans in some regions, including Italy, and suggest the question of how we should regulate the handling of sensitive data in the era of AI. The Swiss Federal Data Protection and Information Commissioner (FDPIC) stresses that a conscious and informed approach to these innovative technologies is crucial.

He urges users to be cautious and recommends clarifying how information might be processed before entering or uploading it. He also stresses that companies using such technologies must ensure that they comply with all data protection regulations. This includes clear and transparent communication about how, why and what data is processed.

Meanwhile, Switzerland’s legal perspective on AI applications like ChatGPT remains comparatively liberal. Experts, currently see no legal basis for a comprehensive ban on such technologies in Switzerland, even in light of upcoming data protection legislation that will come into force in September 2023.

However, Italy’s decision could be formative for the data protection landscape in Europe. While Switzerland’s data protection law is designed to be relatively open, the more restrictive rules in the EU could lead to wide-ranging discussions and possibly stricter data protection measures in other EU countries.

It is clear that the issue of processing personal data through AI will increasingly be the focus of legal and ethical discussions in the near future. In Switzerland, the focus will probably remain on awareness-raising, transparency and responsible use, while stricter regulations to protect privacy and informational self-determination could be introduced elsewhere.