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September 3, 2024

The Relationship of ChatGPT and Artificial Intelligence Applications with Personal Data and in this Context Protection of Personal Data

I. Introduction

    In Turkey, especially with the implementation of the Personal Data Protection Law numbered 6698 (“LPPD” and/or “Law”) and the related legislation, the issues regarding the processing and protection of personal data have been adopted by almost every segment of the society both by institutions and individually, and especially the issues of “personal data” and “personal data privacy” have raised awareness and gained importance.

    In today’s age, advances in the field of natural language processing (NLP), which have been adopted at the same pace and created awareness, have increased the popularity of artificial intelligence models such as ChatGPT and led to various application areas. Especially with the advances made in natural language processing, language-based artificial intelligence models such as ChatGPT stand out with their ability to interact with humans in a natural way. With the combination of this popularity and technological opportunities, there is no doubt that artificial intelligence applications will continue to develop rapidly.

    However, with the use of such artificial intelligence applications, important and highly sensitive issues such as privacy and security of personal data also come to the fore. In this article, the evaluation of ChatGPT and similar artificial intelligence applications in terms of the protection of personal data and the points to be considered in the use of these technologies will be discussed.

    II. Relationship of ChatGPT and Artificial Intelligence Applications with Personal Data

      With the simplest definition specified in the Law, personal data is any information relating to an identified or identifiable natural person. In this context, texts, voice recordings or other types of data obtained during the use of artificial intelligence applications such as ChatGPT are considered personal data protected by the Law.

      Pursuant to the LPPD, personal data may only be processed for specific purposes and in line with these purposes. Artificial intelligence applications must also act in line with specific purposes when processing personal data. While natural language processing models such as ChatGPT process personal data to understand and respond to users’ requests, this data should only be used for specified purposes.

      At the same time, artificial intelligence applications such as ChatGPT are often trained with large amounts of data. This data is obtained from various sources on the internet and can often contain personal information. Natural language processing models analyse text data to interact with users, and this data may include personal information. Therefore, such artificial intelligence applications must comply with the LPPD in terms of the protection of personal data. During the use of ChatGPT, how this data is collected, processed, and stored is an important issue. Appropriate safeguards must be in place to protect users’ privacy and prevent misuse of personal data.

      III. Use and Privacy of Personal Data and Measures to be Taken

        Privacy and security of personal data is one of the most important issues in the use of artificial intelligence applications. Artificial intelligence models, such as ChatGPT, are often developed and operated by large technology companies. These companies must take various technical and legal measures to protect the privacy and ensure the security of user data. Encryption, access controls and other security measures should be used to prevent data security breaches and protect user data from unauthorized access.

        Considering the relationship of ChatGPT and similar artificial intelligence applications with personal data, these applications must take various measures to protect user data and to comply with the LPPD. These include steps such as obtaining explicit consent for the processing of personal data, taking data security measures, informing data subjects, and protecting their rights. In addition, compliance with the audit and enforcement mechanisms stipulated by the LPPD should also be ensured. Other measures that can be taken for the protection of personal data can be stated as follows;

        • Data Encryption: Encrypting user data is an important step in securing data. Encryption ensures that data is stored and transmitted securely.
        • Access Controls: It is important that only authorized people have access to the databases of AI applications. This can help prevent unauthorized access to data.
        • Data Anonymization: Using anonymized or generalized data instead of sensitive personal information can be beneficial in terms of privacy protection.
        • User Information: It is important that users are fully informed about what data is collected, how it is used and with whom it is shared. It is also important that users are informed about how to protect their data and what the security measures are.

        It is also important that users are informed and consent to how their personal data will be used. Users interacting with AI applications such as ChatGPT should be clearly and understandably informed about what data is collected, how it is used and with whom it is shared. In addition, users should be encouraged to give explicit consent on how their data will be protected and users should be encouraged to voluntarily share their personal data.

        The LPPD imposes certain obligations on data controllers who are responsible for the processing of personal data. These obligations include taking the necessary technical and administrative measures to protect personal data, reporting data breaches, and establishing a data processing regime in accordance with the LPPD. Companies that develop or operate artificial intelligence applications must act in accordance with these obligations.  The audit and enforcement mechanisms stipulated by the LPPD are important steps to be followed in relation to the protection of personal data of artificial intelligence applications. In addition, it is important to consider ethical principles during the use of artificial intelligence applications to gain the trust of users and ensure that technology has a positive impact on society.

        Ⅳ. Conclusion

          The relationship of ChatGPT and similar artificial intelligence applications with the protection of personal data should be carefully evaluated within the framework of existing legislation. The privacy and security of users is one of the most important priorities in the use of these technologies. Therefore, appropriate technical, legal and ethical measures should be taken and users should be informed and consent should be provided. 

          While developing artificial intelligence applications such as ChatGPT, it is of great importance to carefully comply with the standards and obligations set by the LPPD to protect the privacy of users and ensure compliance with the law. Within the framework of the PDPL, artificial intelligence applications are required to comply with certain principles and rules regarding the processing and protection of personal data. Such applications must comply with the PDPL and ensure the privacy and security of personal data. 

          The protection of users’ privacy and the security of personal data are of great importance for the reliability and social acceptability of artificial intelligence applications. It is important for AI technologies to take these measures to protect personal data in order to gain the trust of users and to ensure that the technology serves society in a beneficial way.

          In this article, the relationship between artificial intelligence applications and personal data is evaluated and important issues in terms of privacy and security of users are emphasized. You can contact us for more detailed issues. 

          Best regards, 

          Kilinc Law and Consulting

          Authors

          Eren Can Ersoy

          Eren Can Ersoy

          Senior Lawyer

          Merve Çebi

          Merve Çebi

          Lawyer