Sigh. One of the swedish postal services PostNord has recently begun using a LLM-based voice agent for answering support calls.
I wrote to them invoking my GDPR rights asking for details. They cited "*starkt* berättigat intresse" / *very* legitimate interest as their legal basis for processing 🤨
Apparently they have contracted the firm https://elevenlabs.io who provides the bot.
Elevenlabs, to their credit, publishes a transparancy page at https://elevenlabs.io/ai-transparency which states that they use american frontier models:
Google Gemini (Google LLC)
OpenAI
Anthropic via Google Vertex AI
And they write this in their privacy policy:
"Regardless of your location, all Personal Data will be transferred to the United States for storage."
So I wrote to PostNord invoking my right to object to the processing and, as they based it on legitimate interest, the right to erasure of my voice data from their processor and subprocessors systems, including any model training data if such should exist. We had a bit of back-and-forth over e-mail. In the end they refused, stating that the system did not permit erasing a singular call as there were no way to tell which one was mine. They also claimed that the contract forbids the processors and subprocessors from using the data for training, but I highly doubt that anyone at the above-mentioned companies give a singular fuck about such a clause, should it exist.
I then wrote to IMY, the supervisor authority in Sweden, to protest. I argued that the so-called legitimate interest of PostNord in processing the data couldn't outweigh the privacy impact of sending their customers voice data through one processor and three subprocessors, with data transfer to a third country for at least storage of the data.
They chose to "not take sides" and opted for sending a letter to PostNord informing them about their obligations under GDPR but also clearly stating that it was NOT criticism, just a friendly reminder that the law exists 🤦
I objected to IMYs decision, which is apparently tried in an administrative law court. They just passed judgement.
The court more or less said that swedish law states that IMY may choose if they are to investigate a complaint at all and how to go about addressing it if they do. The court can't see any reason to believe that IMY isn't doing what they are supposed to. Case closed 😡
#gdpr