Whitepaper: GDPR & Generative AI
Ovi Barceló Hernández
Education Solution Specialist (Modern Workplace) for Western Europe en Microsoft
The document GDPR & Generative AI – A Guide for Customers outlines several key obligations under the GDPR that public sector organizations must adhere to when using generative AI services.
Here is a summary of the relevant articles and how Microsoft supports compliance:
Articles 12 to 14 (Transparency) require data controllers to provide data subjects with clear and accessible information about how their personal data will be used. This is often done through privacy notices.
Articles 15 to 21 (Data Subject Rights) outline the rights of data subjects, including the right to access, rectify, erase, and restrict the processing of their personal data. Organizations must be able to respond to these requests appropriately.
Article 28 (Processor Obligations) mandates that data controllers only use data processors that provide sufficient guarantees to meet GDPR requirements. It includes obligations such as processing data only on instructions from the data controller and implementing appropriate security measures.
Article 32 (Technical and Organizational Security Measures) requires both data controllers and processors to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
Article 35 (Data Protection Impact Assessments) requires data controllers to conduct a Data Protection Impact Assessment (DPIA) when processing personal data is likely to result in a high risk to the rights and freedoms of data subjects.
Articles 44 to 50 (Transfers of Personal Data to Third Countries) regulate the transfer of personal data to countries outside the EU/EEA, ensuring that such transfers are subject to appropriate safeguards.
How Microsoft Supports GDPR Compliance
Transparency and Documentation
Microsoft offers comprehensive transparency documentation and resources to help organizations understand how their AI tools process data. This includes detailed information on data processing activities and privacy commitments.
Data Subject Rights
Microsoft provides tools like Microsoft Purview and Purview eDiscovery to assist organizations in responding to data subject rights requests efficiently. These tools help manage and govern AI usage while adhering to regulatory requirements.
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Processor Obligations
Microsoft’s Data Protection Addendum (DPA) includes the necessary contractual commitments required under Article 28 of the GDPR. This ensures that Microsoft, as a data processor, meets all GDPR requirements.
Security Measures
Microsoft implements robust technical and organizational security measures, including encryption and compliance with ISO standards, to protect customer data. These measures are detailed in Microsoft’s Security Policy and Data Protection Addendum.
Data Protection Impact Assessments (DPIAs)
Microsoft provides information and resources to assist organizations in conducting DPIAs. This includes details on how Copilot for Microsoft 365 and Azure OpenAI Service process data and the security measures in place.
Data Transfers
Microsoft ensures that all transfers of personal data outside the EU/EEA are subject to valid transfer mechanisms, such as the EU Standard Contractual Clauses and the EU-U.S. Data Privacy Framework. Additionally, Microsoft’s EU Data Boundary commitments help simplify GDPR compliance for data transfers.
By leveraging these tools and resources, public sector organizations can confidently use Microsoft’s generative AI services while ensuring compliance with GDPR requirements.
Advogado
6 个月Thank you for sharing the article on GDPR compliance in the context of using Microsoft's generative AI services. In light of the recent European Court of Justice (ECJ) case law expanding the definition of "joint controllers" under the GDPR to include organizations that influence data processing activities—even without direct access to personal data—how should public sector organizations reevaluate their roles and responsibilities when utilizing Microsoft's generative AI services? Specifically, what steps should they take to ensure compliance with Articles 26 and 28 regarding joint controllership and processor obligations, and how does Microsoft's Data Protection Addendum (DPA) facilitate meeting these expanded responsibilities?