NPC warns misuse of real persons’ likenesses in AI content may violate privacy law

• This photo is for editorial use only. (NPC)

The National Privacy Commission (NPC) has warned that using the face or likeness of a real person to create artificial intelligence-generated images or videos without a lawful basis may violate the Data Privacy Act of 2012.

In a notice to the public, the privacy regulator said it has observed the increasing circulation of synthetic media generated through AI tools that depict real and identifiable individuals.

“The Commission reminds the public that a person’s face and likeness are personal information under Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012 (DPA),” the NPC said.

The commission added that in certain cases, photographs and videos may also constitute biometric information when they directly identify an individual.

According to the NPC, 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 material, constitutes processing of personal data regardless of the nature or purpose of the content.

Such processing must have a legitimate purpose and comply with the lawful processing requirements under the DPA. While consent is one recognized basis, the commission noted that other lawful grounds may apply depending on the circumstances.

However, the NPC warned that creating synthetic media using a person’s face or likeness without any lawful basis may amount to unauthorized processing under Section 25 of the DPA. Posting or sharing such material may also result in criminal penalties and possible civil and administrative liabilities.

“The Commission emphasizes that a fabricated image or video is false personal data,” the NPC said.

It added that AI-generated media depicting a real person doing something the person never did, saying something the person never said, or being somewhere the person never was constitutes false information about that individual.

Under Section 16(e) of the DPA, affected individuals may demand the blocking, removal or destruction of personal data upon substantial proof that the information is false. This right may also be enforced through a complaint before the NPC.

The commission, however, recognized that satire, parody, commentary and reporting on matters of public interest may fall under constitutional protections on freedom of speech, expression and the press. The DPA also does not apply to the processing of personal data for journalistic, artistic or literary purposes.

The NPC said whether the use of AI-generated media falls under these purposes depends on the circumstances, including whether the image is presented as real, whether its synthetic nature is disclosed, and whether the use of the person’s actual photorealistic likeness is necessary.

The same reminders also apply to AI-generated media involving public officials.

While the privacy rights of public officials must be weighed against the public’s right to information on matters of public concern, the NPC said fabricated images and videos depict no actual conduct and provide no information about the discharge of official functions.

Family members of public officials who do not themselves hold public office, particularly minors, are private individuals entitled to the full protection of the DPA, according to the commission.

The NPC also said complaints involving the likenesses of minors would be treated with “utmost priority.”

People whose likenesses have been misused in AI-generated content may demand its removal from the person or entity that posted or circulated it and may file a complaint with the commission.

The NPC may investigate the matter based on a complaint or on its own initiative and may issue compliance or cease-and-desist orders when warranted.

“The Commission reminds all persons who create, post, and/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,” the NPC said.