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Using special categories of data for training LLMs: never allowed?

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Lokke Moerel and Marjin Storm published an article in IAPP that discussed the legalities of using web scraping to train chatbots and other artificial intelligence.

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MoFo’s Lokke Moerel and Marijn Storm published an article with IAPP in August 2024 on the “lawfulness” of web scraping for purposes of training a Large Language Model. In April 2023, the European Data Protection Board (EDPB) established its ChatGPT Taskforce to coordinate the various national enforcement actions taken by EU data protection authorities against OpenAI, the provider of ChatGPT. The article discusses the interim report issued by the ChatGPT Taskforce in May 2024, stating that LLMs may not be trained on special categories of data scraped from public websites. Lokke Moerel and Marijn Storm argue that this opinion is not only prohibitive for functional LLMs, but also untenable in light of the case law of the EU Court of Justice. The article is part of a series on key data protection issues posed by large language models.Read the <a href="https://iapp.org/news/a/using-special-categories-of-data-for-training-llms-never-allowed-" target="_blank">full article</a>.

Using special categories of data for training LLMs: never allowed?

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<div class="videoWrapper"><iframe class="sticky-video" title="Meet Lokke Moerel, Privacy and Data Security Senior Of Counsel" src="https://www.youtube-nocookie.com/embed/uk873cH6OuE?rel=0" frameborder="0" allow="autoplay; encrypted-media" allowfullscreen="1" title="iframe"></iframe></div>Among the world’s best-known privacy and cybersecurity advisers, Lokke Moerel is regularly called upon by some of the most sophisticated multinational organizations to confront their global privacy and ethical challenges. Lokke routinely offers guidance to clients when implementing new technologies and digital business models and assists them with their global cybersecurity incident response and regulatory investigations.An authority on Artificial Intelligence (AI), Big Data, and the Internet of Things, Lokke has a proven track record helping clients shape complex AI projects that combine global data assets of multinational companies in the healthcare, financial services, technology, and recruitment sectors, with the intricate technologies of tech giants to create next generation AI solutions. An industry thought leader, Lokke presented a review of the drafted AI Regulation to a closed session of European Commission and Members of Parliament on behalf of the World Employment Federation and has spoken at SXSW on the subject of privacy and cybersecurity in the Metaverse. Lokke is MoFo’s lead counsel on Binding Corporate Rules (BCR) and has unsurpassed experience advising multinational companies in obtaining their BCR approvals throughout the EU, having authored the leading textbook on BCR published by Oxford University.Lokke is also professor of global ICT law at Tilburg University and co-academic director of the Tilburg University professional learning programs “Big Data: AI & Law” (teaching Algorithmic Accountability) and “Advanced Cyber Security and Governance.” Lokke is a member of the Dutch Cyber Security Council (the independent advisory body of the Dutch cabinet on cybersecurity), member of the Monitoring Committee of the Dutch Corporate Governance Code, and non-executive board member of several nonprofit organizations.Lokke has practiced law in the Netherlands, London, and Berlin, and is now resident in MoFo’s Brussels office. She is also a member of MoFo’s global Environmental, Social, and Governance (ESG) steering committee.

Lokke Moerel

Senior Of Counsel

Marijn Storm specializes on the intersection of law and technology, with a focus on cutting-edge technologies, such as (generative) artificial intelligence (AI) and large language models, ethical tech, and biometrics. Based in Morrison Foerster’s Brussels office, he advises global companies and organizations on a wide range of their most complex and pressing privacy and data security challenges.Marijn’s deep experience in both law and technology enables him to navigate the rapidly evolving landscape of privacy, data security, and technological innovation. Bridging the gap between legal requirements and technological advancements, Marijn advises and educates in-house legal teams on how to effectively manage and oversee technical applications such as AI and, specifically, generative AI. In addition, Marijn trains technical teams on implementing technical solutions in a privacy-by-design fashion, enabling compliance with AI and data protection laws around the world.Marijn also represents clients in class action and other litigation. For example, he has defended both digital advertising and public health clients against claims of alleged GDPR violations. In addition, he counsels clients on investigating and responding to major cybersecurity and ransomware incidents, including notification and related obligations. Marijn has also assisted a number of companies in obtaining regulatory approval for their Binding Corporate Rules, in both the EU and the UK.A recognized thought leader, Marijn regularly speaks at international data protection conferences (including IAPP) on topics such as the future of behavioral biometrics, the ethical application of AI, and developments in EU class actions. Marijn frequently publishes articles and client alerts on a variety of evolving topics, such as the EU AI Act and the NIST AI Risk Management Framework. Since 2019, he has been a guest lecturer at the Tilburg Institute for Law, Technology, and Society, where he teaches Algorithmic Accountability within the biannual course on AI & Law.Marijn is a Dutch-qualified lawyer and is fluent in Dutch and English.