Privacy group Noyb has filed a complaint over the legality of Bumble’s processing of personal data to enable an AI feature, also raising the alarm over OpenAI’s access to the data app users’ information.
On Thursday, Max Schrem’s NGO Noyb, filed a complaint with Austrian authorities against dating app Bumble, accusing it of a lack of transparency about the use of personal data for its AI features.
Bumble launched an “AI Icebreaker” in late 2023 as part of its “Bumble for Friends” offer, which allows users to create their first message to new matches with the help of generative AI.
The feature relies on processing the personal information of the dating app users based on their public profile, including their age, work and city of location, according to Bumble’s announcement.
However Noyb is worried about how people’s information is being handled.
Chief among its concerns is the fact that Bumble relies on OpenAI, the developer behind ChatGPT, to generate messages – which it says leads to users’ personal data being sent to the AI giant.
The privacy NGO is also worried about the lack of legal clarity surrounding the data processing activity.
“The AI Icebreakers were introduced without ever asking people for their consent,” Noyb’s press release reads. Although a pop-up does appear it nudges users to click “okay” on the feature, per Noyb, which calls this a “fake” consent banner.
That said, it remains unclear whether the app relies on the “legitimate interest” legal basis under the General Data Protection Regulation (GDPR) or on obtaining consent from users.
Bumble’s privacy policy does not spell out how personal data is processed for AI. But it does list legitimate interest as a legal basis to “test new technologies” and processes to enhance the app.
European data protection authorities are still divided on how to apply the bloc’s rules on generative AI tools. Although guidance from the European Data Protection Board on the issue back in December stressed the need to balance user rights.
For Noyb, the privacy advocacy organisation asserts that it is “absurd” for Bumble to claim they have a legitimate interest to process people’s data for their AI feature.
“The dating app seems to be so desperate to get in on the AI hype that it is trampling on users’ fundamental rights,” said Lisa Steinfeld, Data Protection Lawyer at Noyb.
Responding to Noyb’s complaint, a Bumble spokesperson told Euractiv the company “take[s] privacy and data protection seriously”. “We are committed to the privacy of our members, and ensuring that our apps remain a safe and trustworthy space,” they also said, adding: “No special category data, including sexual orientation, is shared with OpenAI.”
(nl)
