Los Angeles North American Conference GGI 23 June 2023

This contribution, presented by Att. Patrizia Giannini at the GGI North American Conference 2023 in Los Angeles, aims to provide a legal and practical analysis of the impact of generative artificial intelligence – and in particular ChatGPT – within the European data protection framework.

Starting from the decision adopted on 30 March 2023 by the Italian Data Protection Authority against OpenAI, the presentation reconstructs a pivotal moment in the relationship between technological innovation and regulatory oversight. The Italian measure, followed by dialogue with the company and subsequent regulatory decisions, triggered not only national adjustments but also a broader European response, including the establishment of a dedicated task force within the EDPB.

The analysis focuses on key GDPR principles: transparency, lawful basis for processing, protection of minors, data subjects’ rights, rectification and erasure mechanisms, and the accountability obligations of controllers.

The objective of this presentation is to explore how AI tools can be integrated into professional and business environments while ensuring compliance with European data protection law, demonstrating that innovation and fundamental rights protection must evolve together in a balanced and structured way.