Jurisdiction(s):
European Union

EU GDPR uncertainty stalls generative AI training: disputes over legitimate interest, data scraping and one-stop-shop enforcement; EDPB opinion awaited; UK-EU divergence emerging

Published on: 12 November 2024

Published by an LexisNexis EU Law expert

Legal News

Article summary

After a series of high-profile probes, several US technology firms have halted the training of generative AI systems across the 27 EU Member States in 2024 throughout the bloc. Supervisory authorities fear such training may breach the EU GDPR, as generative AI can ingest immense volumes of personal data without users’ consent or an appropriate legal basis. Building these models depends on sweeping up data from the public internet, spanning personal, non-personal and mixed datasets, much of it scraped from publicly accessible sources, including social media platforms, often at scale. This approach has triggered knotty debates about how data protection rules should be interpreted and enforced.

How can AI providers develop generative models while fully honouring GDPR principles such as lawfulness, transparency and fairness, purpose limitation, data minimisation, storage limitation, accuracy, security and accountability? Authors and creators also face the pressing concern of whether these models amount to copyright infringement. And once a model is trained and produces responses via a chatbot, how can individuals exercise their right to rectify inaccurate information?...

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