The use of people created by AI in advertisements is becoming more and more popular: when can it mislead consumers?

Associate partner Raminta Stravinskaitė of the TEGOS professional association of lawyers has stressed that fundamental guidelines regarding personal data and the protection of human images remain relevant even in the current technological landscape. According to Stravinskaitė, the image created by Deepfake technology (DI) is governed by the same standards as traditional media, such as photographs. She asserts that if the generated content depicts a real individual, that image constitutes personal data and must therefore be processed in strict adherence to the General Data Protection Regulation (GDPR).

However, she drew a clear distinction regarding content involving non-existent people. In such cases, the legal framework shifts considerably. Stravinskaitė also addressed the broader legal implications of artificial intelligence, questioning whether AI itself could assume legal responsibility for criminal acts.

For images depicting individuals who do not exist, the rules governing personal data do not apply. The discussion underscores the ongoing challenge of adapting established legal rules to rapidly evolving technology. While the protection of personal data remains paramount, the unique nature of synthetic media requires careful delineation between content involving recognizable persons and purely fictional imagery.

This highlights the need for clarity on where existing data protection laws intersect with generative AI capabilities.

Topics: #rules #data #image

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