Google Delays EU Launch of AI Chatbot Bard Amid Privacy Concerns Raised by Regulator

Google has decided to delay the launch of its AI chatbot, Bard, in the European Union (EU) after concerns were raised by the Irish Data Protection Commission (DPC), which serves as the company’s lead data protection authority in the region. The DPC stated that Google had not provided adequate information and documentation, including a data protection impact assessment (DPIA), ahead of the planned launch date. Consequently, the launch will not proceed as scheduled until the DPC’s questions are answered by Google.

This delay comes after OpenAI released its own AI chatbot, ChatGPT, to users worldwide without any restrictions on geographical access. Europeans have been able to freely use ChatGPT for several months. However, it should be noted that European users can easily access Google’s Bard by using a VPN with a location set outside the EU, such as the United States.

The DPC did not disclose specific concerns it has raised regarding Bard. However, other EU data protection authorities (DPAs) have identified various data protection issues related to ChatGPT, which may also be relevant in Google’s case. These concerns include the legal basis for processing user data, compliance with transparency requirements under regional privacy laws, addressing AI-generated disinformation, ensuring child safety, and providing EU users with data access and rectification rights.

The DPC is currently examining the matter and plans to share information with other DPAs as it receives further answers from Google. In April, EU DPAs established a task force through the European Data Protection Board to coordinate their enforcement efforts regarding ChatGPT. The DPC’s actions are likely to contribute to this task force’s work.

Unlike OpenAI, Google is an established entity in the EU, making the Irish DPC the lead authority responsible for overseeing Bard. While OpenAI faced a temporary suspension of its service in Italy in April following intervention by the local DPA, there is currently no ban on Bard in Ireland. The DPC’s decision to delay the launch appears to be based on insufficient information provided by Google and unspecified data protection concerns.

It remains unclear what specific concerns the DPC has regarding Bard, as the details have not been disclosed. Consequently, it is challenging to assess the potential impact of the DPC’s intervention on the chatbot’s privacy provisions. It is also unclear whether this delay could lead to Google being required to provide privacy disclosures similar to OpenAI’s ChatGPT and offer users more control, as seen in the aftermath of the Italian intervention. Investigations into ChatGPT’s GDPR compliance are ongoing in multiple EU member states.

Google has stated that it aims to make Bard more widely available, including in the EU, in a responsible manner after engaging with experts, regulators, and policymakers. The company has been in discussions with privacy regulators to address their questions and gather feedback as part of this process.

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