Federal (Canada) Privacy Decisions

This joint investigation by privacy authorities across Canada found that OpenAI contravened privacy laws in its collection, use, and disclosure of personal information through its ChatGPT models GPT-3.5 and GPT-4. Specifically, the investigation found that OpenAI's collection of personal information from publicly accessible websites for training purposes was overbroad and inappropriate. The company also failed to obtain valid consent and be sufficiently transparent about its data practices. While OpenAI has since implemented new mitigation measures and committed to further improvements, some provincial authorities found the new measures insufficient to meet their specific legislative requirements.

• Appropriateness of purpose for data collection and use
• Validity of consent and transparency obligations
• Accuracy of generated information
• Individual rights to access, correction, and deletion

This investigation concerned the loss of an unencrypted USB storage device by the Royal Canadian Mounted Police (RCMP), which contained sensitive personal information of 1,741 individuals. The OPC found that the RCMP contravened section 8 of the Privacy Act by disclosing personal information without consent. The investigation also revealed failures in timely breach reporting and inadequate safeguards for personal information on USB devices, leading to the complaint being well-founded and unresolved.

• Contravention of section 8 of the Privacy Act regarding unauthorized disclosure of personal information
• Timeliness and appropriateness of the RCMP's response to the breach
• Sufficiency of RCMP measures to safeguard personal information on USB storage devices
• Adequacy of policies and enforcement regarding USB device usage