The story starts with a surprising message: a friend used your photos to train an AI art program, creating images of you in a flirty steampunk outfit. You feel violated, and rightfully so. As a write-up in The Conversation, by Margarita Vladimirova of Deakin University, says, this raises a question: are our faces legally protected, especially compared to celebrities targeted by
deepfakes
?
Facial Information: Valuable and Vulnerable
Australian law considers your face "
biometric information
," a type of sensitive personal data.
However, the key issue is consent.
The Consent Conundrum
The Privacy Act requires consent for biometric data collection. But is implied consent enough? Stores with
facial recognition
cameras often rely on this, with easy-to-miss signage. This exposes your
facial data
to potential misuse.
Data Hunters and Deepfakes
Companies like Clearview AI collect facial data online, selling it to police and private firms. Deleting your data online isn't a guarantee - you could be captured in public and end up in a database anyway. Additionally, deepfakes can be created and spread without your consent.
The Law Lacks Leverage
Currently, no law prevents others from collecting or modifying your facial information. The Australian Information Commissioner and Competition and Consumer Commission offer limited recourse.
A Call for Change
We need stricter regulations for facial data collection and modification. Experts propose a legal framework to address this. AI photo modification is another area requiring oversight.
Hope on the Horizon
The government is considering stricter consent requirements for biometric data collection. Additionally, discussions on enhanced risk assessments and a "safe and responsible AI" strategy offer some promise.
The Wait for Protection
As facial information becomes more valuable, we wait to see if these discussions translate into laws that protect us. Sooner rather than later is certainly better.
(With agency inputs)
English (US) ·