A Norwegian man has filed a complaint with the Norwegian Datatilsynet against OpenAI, alleging that its AI chatbot, ChatGPT, falsely accused him of murdering his children and attempting to kill a third. The complaint, filed by Austrian advocacy group Noyb, accuses OpenAI of violating the European Union's General Data Protection Regulation (GDPR) by spreading false and defamatory information.

According to the complaint, Arve Hjalmar Holmen asked ChatGPT about himself and was presented with a response that claimed he had been convicted of murder and attempted murder, and was serving a 21-year prison sentence in Norway. The response included factual details about Holmen's hometown and the number and gender of his children, mixed with fictitious information. A screenshot of the conversation, shared by Noyb, is no longer replicable, as the query was made before ChatGPT was updated to include web searches in its results.

The complaint argues that OpenAI has failed to meet its data protection responsibilities under GDPR, which requires personal data to be accurate and rectified without delay if it is found to be inaccurate. Noyb's data protection lawyer, Joakim Söderberg, stated that a disclaimer acknowledging the possibility of mistakes is insufficient, and that OpenAI must take responsibility for spreading false information.

This is not the first time Noyb has filed a complaint against OpenAI. In April 2024, the group filed a complaint on behalf of a public figure whose date of birth was being inaccurately reported by ChatGPT. At the time, Noyb took issue with OpenAI's claim that erroneous data could not be corrected, only blocked in relation to specific queries, which Noyb argues violates GDPR's requirement for inaccurate data to be "erased or rectified without delay."

The implications of this complaint go beyond the individual case, highlighting the need for greater accountability in AI development and deployment. As AI systems become increasingly integrated into our daily lives, it is essential that they are designed and trained to prioritize accuracy and respect for individuals' privacy and reputation. The complaint serves as a reminder that AI companies must take their data protection responsibilities seriously and be held accountable for any failures.

The outcome of this complaint will be closely watched, as it has the potential to set a precedent for AI accountability in the EU. If OpenAI is found to be in violation of GDPR, it could face fines and be required to make significant changes to its model and data handling practices. As the use of AI continues to grow, it is essential that we establish clear guidelines and consequences for AI companies that fail to prioritize accuracy and respect for individuals' privacy and reputation.