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Legal basis

As explained in Introduction to Generative AI, Second Edition

A lawful basis is a legally recognized justification for collecting or processing personal data under the GDPR.

When an organization collects or processes personal data, it must have a lawful basis: a legally recognized justification under the General Data Protection Regulation (GDPR). Public availability does not remove these protections. section 3.15

The GDPR recognizes six lawful bases for processing personal data:

Generative AI under regulatory scrutiny

Italy’s data protection authority temporarily restricted ChatGPT in March 2023 partly because OpenAI had not clearly established a lawful basis for processing personal data. The authority indicated that OpenAI would need explicit consent or a defensible legitimate-interest argument. Regulators continue to debate how these requirements apply to training data, opt-outs, and large language models, including in inquiries involving DeepSeek. section 3.15 section 3.13

How Introduction to Generative AI, Second Edition covers it

How deep it goes
Defines six lawful bases and accountability requirements, but leaves their application to evolving regulatory interpretation.
Examples
Uses ChatGPT’s Italian restriction and EU inquiries into DeepSeek to illustrate disputed legal bases for AI data processing.
What you can do after
Evaluate whether a generative AI system has a defensible GDPR justification for processing personal data.
How it connects
Connects GDPR lawful bases with consent, legitimate interest, personal data, transparency, and regulatory oversight.

Related concepts

This explainer was generated by Manning's knowledge graph from the text of Introduction to Generative AI, Second Edition. The section links point to the parts of the book it draws on.