Garante has been one of the most proactive European Union (EU) bodies in assessing ChatGPT’s compliance with EU data privacy regulations. Last year, Garante banned ChatGPT for allegedly violating EU privacy regulations. The service was later reactivated after OpenAI resolved issues related to users’ right to refuse to consent to the use of personal data to train its algorithms. At the time, the regulator said it would continue its investigation.

Garante stressed that OpenAI – a company invested by Microsoft Corporation – has 30 days to defend itself.

OpenAI has not yet responded to a request for comment.

Under the EU’s General Data Protection Regulation, which came into effect in 2018, any company found to be in breach of the rules faces fines of up to 4% of global turnover.

In December 2023, the EU agreed to temporary provisions to regulate AI systems like ChatGPT, moving a step closer to establishing rules governing the technology.