Courtesy of AdobeStock/Who is Danny via UNESCO
The National Privacy Commission (NPC) reminded the public that government officials remain protected as data subjects under the Data Privacy Act of 2012, warning that AI-generated images and videos depicting them in fabricated situations may constitute unlawful processing of personal data.
The NPC said a person’s face and likeness constitute personal information under Republic Act No. 10173. Using AI to create synthetic media from a real person’s likeness, as well as posting or sharing the resulting content, constitutes personal data processing that must have a legitimate purpose and lawful basis.
This protection applies to public officials, although their privacy rights must be balanced against the public’s right to information on matters of public concern.
The NPC, however, noted that fabricated images and videos do not depict actual conduct or provide factual information about an official’s performance. An AI-generated image showing an official doing something that never happened, for example, may constitute false personal data.
Under the DPA, individuals may demand the blocking, removal, or destruction of personal data upon presenting substantial proof that it is false and may file a complaint with the NPC.
The agency emphasized that satire, parody, commentary, and legitimate reporting on matters of public interest may be protected by the freedoms of speech, expression, and the press. The DPA also excludes processing for journalistic, artistic, or literary purposes.
Such protections, however, depend on the circumstances and do not justify using a person’s likeness beyond what is necessary for the stated purpose.
The NPC said relevant considerations include whether the AI-generated content is presented as real, whether its synthetic nature is disclosed, and whether the use of the person’s photorealistic likeness is necessary.
The NPC stressed that family members of public officials who do not hold public office, particularly minors, are private individuals entitled to full protection under the DPA. Complaints involving the likenesses of minors will be treated with the utmost priority.
Individuals whose likenesses are misused may demand the removal of the content and file a complaint with the NPC. The commission may investigate and, when warranted, issue compliance or cease-and-desist orders.
The NPC also called on online platforms to provide accessible reporting mechanisms and promptly remove unlawful content upon receiving valid requests from affected individuals.
It urged those creating, posting, or sharing AI-generated synthetic media to respect individual rights and dignity and to remove such content upon lawful demand.