CYBER-PRIVACY | NPC warns against AI images using real people
The NPC warned that using a person’s face and likeness to create synthetic media without any lawful basis “may amount to unauthorized processing under Section 25 of the Data Privacy Act”.
AI-generated image
The Philippines’ National Privacy Commission (NPC) has warned that creating and sharing AI-generated images or videos depicting identifiable real people may constitute the processing of personal data under the Data Privacy Act of 2012.
The commission said “a person’s face and likeness are personal information under Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012 (DPA).” In certain cases, it said, “photographic and videographic media may also constitute biometric information that directly identifies an individual.”
Using AI tools to generate an image or video from a real person’s face and likeness, as well as posting or sharing the resulting media, are forms of processing of personal data “whatever the nature or purpose of the resulting media,” the NPC said.
“Like any processing of personal data, these acts must have a legitimate purpose and must conform with any of the criteria for lawful processing found under the DPA,” the commission said.
While consent is one criterion for lawful processing, the DPA provides other bases that may apply depending on the circumstances.
The NPC warned that using a person’s face and likeness to create synthetic media without any lawful basis “may amount to unauthorized processing under Section 25 of the DPA” and, depending on the extent of the processing, including the posting and sharing of such AI-generated media, “may also constitute violations of the DPA’s other penal provisions.”
The violations carry criminal penalties and possible civil and administrative liabilities, without prejudice to remedies available under other laws, the commission said.
The NPC also emphasized that fabricated AI-generated media can constitute false personal data.
“The Commission emphasizes that a fabricated image or video is false personal data,” it said. AI-generated media that depicts a real person “doing something the person never did, saying something the person never said, or being somewhere the person never was, is false information about that person.”
Under Section 16(e) of the DPA, a data subject may demand the blocking, removal or destruction of personal data upon substantial proof that the data is false. The NPC said this right may be enforced through a complaint before the commission.
The commission acknowledged that satire, parody, commentary and reporting on matters of public interest may fall under the constitutional right to freedom of speech, expression and the press. It also noted that the DPA does not apply to the processing of personal data for journalistic, artistic or literary purposes.
However, the NPC said these protections apply only to the purposes behind the use of a person’s likeness “to the minimum extent suitable and necessary to achieve them.”
“Whether the use of AI-generated media depicting a person’s face and likeness falls under any of these purposes depends on the circumstances of each instance,” the commission said.
It identified several factors, including “whether the image is presented as real, whether its synthetic character is disclosed, and whether the use of the person’s actual photorealistic likeness is necessary such purpose.”
The warning also applies to AI-generated media depicting public officials.
“Public officials are data subjects under the DPA,” the NPC said. Their right to privacy should be weighed against the right to information on matters of public concern, it added.
However, the commission said a fabricated image or video “depicts no actual conduct and conveys no information about the discharge of any official function.”
Family members of public officials who do not themselves hold public office, particularly minor children, are private individuals entitled to the full protection of the DPA.
The NPC said it “will treat complaints involving the likenesses of minors with utmost priority.”
A person whose likeness has been misused in AI-generated media may demand its removal from the person or entity that posted or circulated it and may file a complaint with the NPC.
The commission may investigate complaints or act on its own initiative and may issue compliance and/or cease-and-desist orders during an investigation where warranted. Copies of such orders may be furnished to online platforms and relevant government agencies for appropriate action.
Online platforms are expected to provide accessible mechanisms for reporting such content and promptly removing it based on lawful demands made by affected persons, in accordance with applicable law and their own policies, the NPC said.
The commission reminded people who create, post or share AI-generated synthetic media to respect the rights and dignity of individuals and “to act promptly and in good faith to remove such content upon lawful demand of the affected persons.”
Full disclosure: All news articles published on the TechSabado website are written by human journalists, unless otherwise specified. Final text editing is also performed by human editors, with artificial intelligence (AI) used only to assist with additional grammar and style guide corrections..
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