A Vienna-based privacy advocacy group announced its intention on Monday to file a complaint against ChatGPT in Austria, alleging that the AI tool, known for producing "hallucinating" responses, generates incorrect answers that its creator, OpenAI, cannot rectify.

NOYB ("None of Your Business") stated that there is no assurance of the program's ability to provide accurate information, emphasizing that "ChatGPT keeps hallucinating -- and not even OpenAI can stop it."

The group criticized OpenAI for openly admitting its inability to correct inaccuracies generated by its generative AI tool and for failing to clarify the sources of the data used and the information stored about individuals by ChatGPT.

According to NOYB, errors of this nature are deemed unacceptable in the context of personal information, as EU legislation mandates that personal data must be accurate.

"If a system cannot produce accurate and transparent results, it cannot be used to generate data about individuals," said Maartje de Graaf, data-protection lawyer at NOYB, as quoted by AFP.

"The technology has to follow the legal requirements, not the other way around," Graaf added.

The big picture

NOYB alleges that ChatGPT consistently provided incorrect information about the birth date of Max Schrems, the founder of NOYB, instead of indicating that it lacked the necessary data.

Despite Schrems's request to correct or delete the inaccurate information, OpenAI refused, claiming it was not feasible to do so, as per NOYB. Furthermore, NOYB asserts that OpenAI failed to adequately respond to Schrems's request for access to his personal data, contravening EU regulations.

The group contends that OpenAI appears to show no intention of complying with these laws. In response, NOYB is urging Austria's data protection authority to investigate OpenAI and impose fines to ensure compliance with EU regulations.

ChatGPT gained widespread attention in November 2022 for its ability to produce extensive content rapidly, ranging from dissertations to translations. However, concerns about the technology have led to legal challenges in various countries.

Italy temporarily halted the program in March 2023, while France initiated an investigation following multiple complaints. Additionally, a European working group has been established to enhance coordination on AI regulation, although NOYB remains doubtful about the effectiveness of regulatory efforts.