IP WEEKLY UPDATES (HOT TOPICS)

21/02/2023

The Italian Data Protection Authorityhe blocked of the use of Italian users‘ data through Replika

 

Replika is an application developed in 2020 by a US company, popular worldwide, especially among the very young people, including Italy.

The application is characterised by an artificial intelligence software that interfaces with the user – through sounds and words – designed to create a ‚virtual friend‘ capable of improving the user’s emotional well-being, understanding his thoughts and calming his anxiety, helping him manage stress, etc.; in short, the application is able to influence the user’s choices, mood and personality.

By order of 2 February 2023, the Italian Data Protection Authority ordered the blocking of the use of Italian users‘ data through the application because there would be no effective barriers to prevent its use by minors (as already happened). In fact, tItalian Data Protection Authority pointed out that it would not be sufficient for users to make statements about their age at the time of registering, but it would be necessary to implement mechanisms to recognise the user’s age even while using the application: for instance, on the basis of understanding the answers given by the user that would clearly be from a minor.

The impact of the Italian Data Protection Authority’s decision in the Replika case could also be relevant for other artificial intelligence systems that will be obliged to have an active mechanisms for the recognition of the age of users also during the use of the application, with a consequent revision also of users licence agreements.