Numerous data protection authorities from across the globe (including the Information Commissioner’s Office (ICO)) have published a ‘Joint Statement on AI-Generated Imagery and the Protection of Privacy’, amid growing concern about the use of artificial intelligence to generate images of individuals without their consent.

We have previously commented on the Government’s recent action in relation to non-consensual intimate images, prompted in part by the controversy surrounding xAI’s Grok image generation tool (here), as well as the ICO’s investigation into X and xAI (here). Whilst the Statement does not refer to this episode specifically, it notes “recent developments” which have “enabled the creation of non-consensual intimate imagery, defamatory depictions, and other harmful content featuring real individuals”.

The co-signatories commit themselves to sharing information with each other in order to develop policies, shape educational initiatives, and inform enforcement practices.

The Statement also provides a ‘reminder’ to organisations developing and using AI content generation systems that – in addition to complying with applicable laws – they should adhere to the following ‘fundamental principles’ when developing and deploying such systems:

1. Implement robust safeguards to prevent the misuse of personal information and the generation of non-consensual intimate imagery;
2. Ensure meaningful transparency about the AI system’s capabilities, safeguards, acceptable uses, and consequences of misuse;
3. Provide effective and accessible mechanisms for individuals to request the removal of harmful content involving personal information (and respond to such requests rapidly); and
4. Address specific risks to children by implementing enhanced safeguards and providing clear, age-appropriate information to children and their carers.

To read the Joint Statement in full, click here.