NZ privacy commissioner joins call for regulatory attention to AI-generated images

Over 60 signatories had concerns about creation of non-consensual intimate imagery

NZ privacy commissioner joins call for regulatory attention to AI-generated images

New Zealand’s Office of the Privacy Commissioner (OPC) has announced that it has signed a joint statement in response to the use of artificial intelligence (AI) systems to generate realistic images and videos featuring identifiable individuals without their knowledge and consent. 

In the statement, 61 signatories worldwide urged “organisations to engage proactively with regulators, implement robust safeguards from the outset, and ensure that technological advancement does not come at the expense of privacy, dignity, safety, and other fundamental rights - particularly for the most vulnerable of our global society.” 

The co-signatories acknowledged AI’s benefits to individuals and society. However, they lamented recent developments – specifically, AI image and video generation integrated into social media platforms – that have permitted users to create non-consensual intimate imagery, defamatory depictions, and other harmful content displaying real people. 

The joint statement expressed particular concern about how this issue might jeopardise the safety of children and other vulnerable groups, including through cyberbullying and/or exploitation. 

Coordinated effort

Stressing the importance of advancing the development of innovative and privacy-protective AI, the co-signatories highlighted the possible dangers arising from the misuse of AI content generation systems. They committed to working together to tackle the global risk involved. 

The joint statement called for urgent regulatory attention to the significant negative impacts of the non-consensual generation of intimate, defamatory, or otherwise harmful content showing real individuals. 

The co-signatories said they sought to share – as much as they could under the applicable laws – information regarding their responses to this problem, including any appropriate enforcement, policy, and educational approaches. 

Expectations

In the joint statement, the signatories reminded organisations developing and utilising AI content generation systems that such development and use should align with data protection and privacy rules and other relevant legal frameworks. 

The co-signatories stressed that fundamental principles should govern the development and use of AI content generation systems. Specifically, they expected organisations to: 

  • Implement robust protections against misusing personal information and generating non-consensual intimate imagery and other harmful materials, especially when depicting children 
  • Promote meaningful transparency regarding AI system capabilities, safeguards, acceptable uses, and the impacts of misuse 
  • Offer effective and accessible mechanisms in connection with requests to remove harmful content involving personal information and swift responses to such requests 
  • Tackle risks specific to children through improving safeguards and offering clear and age-appropriate information to children, parents, guardians, and educators 

The co-signatories noted that specific legal requirements differed across jurisdictions, with the creation of non-consensual intimate imagery amounting to a criminal offence in many jurisdictions.