Google AI Model Faces Scrutiny as Data Protection Commission Questions Compliance

The Data Protection Commission (DPC) announced Thursday that it has initiated a cross-border statutory inquiry into Google Ireland Limited due to concerns about the latter’s compliance with European data protection laws.

As per a press statement, the investigation focuses on whether Google conducted a Data Protection Impact Assessment (DPIA). The expectation is that Google should have complied with the guidelines before processing the personal data of EU and European Economic Area (EEA) citizens during the development of its artificial intelligence (AI) model, Pathways Language Model 2 (PaLM 2).

The DPC stressed the importance of DPIA, as it is a key process for building and demonstrating compliance. “It ensures that data controllers identify and mitigate against any data protection risks arising from a type of processing that entails a high risk. It seeks to ensure, among other things, that the processing is necessary and proportionate and that appropriate safeguards are in place in light of the risks,” the commission said.

The DPC also highlighted Article 35 of the General Data Protection Regulation (GDPR), which mandates a DPIA before data processing, especially involving new technologies. The inquiry will help determine whether Google adequately assessed and mitigated these risks before proceeding with the AI model’s development.

Google’s AI Under Scrutiny

The makers of Google’s latest AI model, PaLM 2, designed it with advanced AI interfaces and natural language processing capabilities. These require massive datasets for training because they may include personal and confidential information. Authorities are, therefore, questioning how such data is collected, processed, and protected.

Google recently led the development of generative AI tools like Gemini (formerly called Bard), which has the ability to access vast amounts of data. Other tech giants like Open AI (for ChatGPT) and Meta (for Llama AI model) have faced similar inquiries in the past.

The announcement by Irish authorities comes just two days after the European Commission won two separate cases against Apple and Google, slapping them with a fine worth billions of dollars. A Google spokesperson had expressed their disappointment with the Court’s decision.

EU’s now outgoing antitrust chief Margrethe Vestager called the case against Google a “catalyst for change.” She noted that even the most powerful tech companies could be held accountable.

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