chatbots und datenschutz

Generative AI chatbots and data protection

What is Generative AI?

Generative AI refers to algorithms that are able to create independent content such as text, images or music by learning from large amounts of data. It can be used, for example, to automatically create design drafts or generate text. The advantages lie in increased efficiency, scalability and the ability to offer customized solutions. They can also support and accelerate creative processes. The disadvantages are that they require a high-quality data basis and can raise ethical concerns, especially when it comes to replacing human labor. In addition, the quality of the generated content may vary and require human review.

What is a Generative AI chatbot?

Generative AI chatbots are advanced dialog systems that can generate answers and texts independently with the help of artificial intelligence and machine learning. They use large amounts of data and learn from interactions to simulate human-like conversations. These chatbots are not limited to pre-programmed responses, but can generate new and unique responses that respond to the user’s context and intentions. They are used in a wide range of applications, from customer service to support for complex tasks such as programming or writing texts.

Generative AI chatbots use knowledge sources that we humans provide them with as the basis for their answers. These can be web pages, PDF documents or other data sources.

What data protection risks arise when using Generative AI chatbots?

The use of generative AI chatbots has many advantages. Companies can answer customer or employee queries automatically, thereby increasing efficiency and productivity. At the same time, the new technology also entails risks that need to be carefully considered.

  • Data protection risks: For example, the chatbot collects data on user interactions, but whether this is done in compliance with data protection regulations is not known.
  • Security risks: Security breaches can also be caused by “foreign” AI models, which can lead to data loss or theft. This can have a negative impact on the company, e.g. lead to financial losses, legal disputes or customer churn.
  • Discrimination: Generative AI may also generate unwanted and discriminatory content. This can lead to controversy and a negative reputation for the company. Here is an example of the DPD chatbot in the UK.
  • Misinformation: It can happen that Generative AI generates misinformation that confuses users or even leads them to make the wrong decisions.

What impact does the General Data Protection Regulation (GDPR) have on Generative AI chatbots?

The General Data Protection Regulation (GDPR) is a European law that regulates the protection of personal data. It is enshrined in Article 2 (1) in conjunction with Article 1 (1) of the Basic Law (GG). In Germany, the GDPR came into force on May 25, 2018. Switzerland is also increasingly aligning its jurisdiction with the GDPR.

The GDPR therefore also applies to chatbots. Companies that use chatbots must therefore ensure that they comply with the GDPR.

Below are the important guidelines to be observed when using AI chatbots:

  • Personal data may only be processed if there is a legal basis for doing so. The most common legal bases are consent, performance of a contract and legal obligation.
  • Personal data may only be processed for the purposes for which it was collected.
  • Personal data must be stored and processed securely.
  • Data subjects have the right to information, rectification, erasure, restriction of processing, data portability and objection.

How do I comply with data protection with Generative AI chatbots?

Data protection is of crucial importance for companies that handle personal data. At the same time, concerns about data protection should not lead companies to decide against the use of AI chatbots. It is much more important to follow these 5 key tips. (These tips are generally nothing new, but also apply to the use of other marketing tools).

1. obtain active consent

Before you collect personal data from users via a chatbot, you must ask your users for their consent. This can be done via an opt-in procedure in which the user actively agrees to their data being collected and used.

2. transparency in the use of data

In your privacy policy, you must inform your users and customers about what personal data you collect via the chatbot and how you use it. This includes, among other things, the type of data, the purpose of collection and the duration of storage.

3. data minimization

It is best to only collect as much personal data as you really need for the use case or for your business.

4. data security

Of course, you should use chatbot software that can also guarantee all the necessary technical and organizational measures to protect personal data. These include encryption, access control and regular security checks. There are often tools from America that are inexpensive but do not meet data protection standards.

5. observe user rights

Users have the right to information, rectification, erasure, restriction of processing, objection to processing and data portability. You must also ensure this when using chatbots.

How do I make sure that the Generative AI chatbot doesn’t get out of control?

Apart from data protection, there are always examples of chatbots getting “out of control”. Sometimes the Generative AI bots start to insult their users or simply don’t provide the right answers.

The best way to prevent the chatbot from “freaking out” is to tell the AI chatbot how it should behave using the appropriate prompts. You can find out more in my article on tips for generative AI chatbots.

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