[ES] Spain initiates pre-investigative proceedings against OpenAI, owner of ChatGPT

IRIS 2023-5:1/10

Azahara Cañedo & Marta Rodriguez Castro

On 13 April 2023, the Agencia Española de Protección de Datos (Spanish Data Protection Agency – AEPD) announced the initiation of a pre-investigation procedure against the American company Open AI, owner of the artificial intelligence chatbot prototype ChatGPT. In the view of the national supervisory authority for data protection in Spain, the ChatGPT service could have an impact on the rights of individuals.

The announcement is part of an action initiated by the AEPD at the beginning of April. The AEPD had called on the European Data Protection Board (EDPB) to include Chat GPT as a priority topic for joint European action. This has as a background the limiting measures imposed in March by the Italian Data Protection Authority which, in response to a data breach complaint involving ChatGPT user conversations, has imposed an immediate temporary limitation of the chatbot's activity, as well as conditions on OpenAI's processing of Italian user data. 

Suspicions that the famous chatbot is using personal user data to train artificial intelligence have led to the creation of a specialised task force within the EPDB. The aim is for the different European bodies to share information and act in a coordinated manner with a view to implementing possible regulatory measures on the actions of ChatGPT. 


  • Official Statement from the Spanish Data Protection Agency

  • Artificial intelligence: Garante blocks ChatGPT. Illegal collection of personal data. Lack of systems to verify the age of minors

This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.