Currently, ChatGPT does not repeat these horrible false claims about Holmen in outputs. A more recent update apparently fixed the issue, as “ChatGPT now also searches the Internet for information about people, when it is asked who they are,” Noyb said. But because OpenAI had previously argued that it cannot correct information—it can only block information—the fake child murderer story is likely still included in ChatGPT’s internal data. And unless Holmen can correct it, that’s a violation of the GDPR, Noyb claims.
“While the damage done may be more limited if false personal data is not shared, the GDPR applies to internal data just as much as to shared data,” Noyb says.
OpenAI may not be able to easily delete the data
Holmen isn’t the only ChatGPT user who has worried that the chatbot’s hallucinations might ruin lives. Months after ChatGPT launched in late 2022, an Australian mayor threatened to sue for defamation after the chatbot falsely claimed he went to prison. Around the same time, ChatGPT linked a real law professor to a fake sexual harassment scandal, The Washington Post reported. A few months later, a radio host sued OpenAI over ChatGPT outputs describing fake embezzlement charges.
In some cases, OpenAI filtered the model to avoid generating harmful outputs but likely didn’t delete the false information from the training data, Noyb suggested. But filtering outputs and throwing up disclaimers aren’t enough to prevent reputational harm, Noyb data protection lawyer, Kleanthi Sardeli, alleged.
“Adding a disclaimer that you do not comply with the law does not make the law go away,” Sardeli said. “AI companies can also not just ‘hide’ false information from users while they internally still process false information. AI companies should stop acting as if the GDPR does not apply to them, when it clearly does. If hallucinations are not stopped, people can easily suffer reputational damage.”
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