Spain: the AEPD identifies new legal risks in the use of images by generative AI

The AEPD has published an informational note warning about the visible and invisible risks associated with the use of third-party images and videos in AI systems. The document addresses the growing impact of generative AI and focuses on how these technologies amplify potential harm beyond the simple dissemination of content.

Key points:

• AI as a risk amplifier: the AEPD emphasizes that AI systems significantly increase the impact of the misuse of images, as they enable the generation of credible, reusable, and easily scalable content.
• High-risk synthetic content: special attention is devoted to the generation of sexualized or intimate images, the attribution of false facts, the decontextualization of images, and the impact on minors or particularly vulnerable individuals.
• Invisible risks of training and processing: uploading an image to an AI system already entails risks, even without publishing the result, such as loss of control, the creation of persistent copies, metadata, and the reuse of identifiable features in future content.
• Persistent identification: the AI can make a person recognizable or replicable in multiple contexts, reinforcing the risks of tracking, profiling, or continued misuse.
• Multiple technological actors: the involvement of different providers and systems complicates effective control of the subsequent use of images.
• Intensified impact in digital environments: dissemination on highly visible networks or platforms can intensify personal, social, or professional harm resulting from AI-generated content.
• Beyond data protection: the AEPD points out that these uses can affect other fundamental rights, such as honour, privacy, or personal image, and may even have penal relevance.
• Preventive function and AI governance: the note aims to raise awareness about the need for responsible AI use, anticipating risks before irreversible harm occurs.

Link: 

• AEPD informational note: guia-aepd-uso-de-imagenes-de-terceros-en-sistemas-ia.pdf

Article written by the TMT department of ECIJA Madrid.