It has fined 2,000 euros, which are reduced to 1,200 for prompt payment, to the creator and disseminator of artificial images of naked minors. This technique, , consists of embedding with an artificial intelligence (AI) tool the face of the victim, in this case a girl, in the image of another naked girl.
Although the resolution is public, the details of the case are reserved. The text does not clarify the sex of the victim. Nor is it specified that she is a minor, although this can be inferred from the fact that, in some parts of the resolution, regulations that have to do with minors are referred to. For all this, and taking into account the times that usually elapse between when the AEPD decides to open a file until it resolves it, sources consulted by this newspaper affirm that the dates would fit with the scandal of the dissemination of fake nude images created with AI of at least 20 girls from Almendralejo, Badajoz, which emerged in September 2023. Precisely because in that case there were at least two dozen victims, Data Protection is expected to publish more fines in the near future. similar.
This matter has already been addressed in criminal proceedings, where 15 minors from Almendralejo were charged for manipulating images of girls.
The Data Protection sanction punishes the unauthorized dissemination of photographs of the interested parties. This is a procedure parallel to the criminal one, which . Specifically, it points out that the processing of personal data of a third party, the image of the girl in question, was unlawful.
That of the AEPD is the first sanction issued by a data protection authority in the European Union for the dissemination of a deepfake. In the opinion of some experts, the amount of the penalty (2,000 euros, which can be reduced to 1,200) is very low, taking into account the magnitude of the damage. In some previous sanctions by the Agency, in which the publication of personal data by natural persons was punished, fines of up to 60,000 euros had been imposed.
“Very few risks related to AI cause as much social alarm as the creation of deepfakes non-consensual sexual relations with minors. I’m not saying that putting a million euros in sanction in this case would solve the problem, but someone might think that an exemplary and admonitory sanction is the least that can be asked for at this time,” says Jorge García Herrero, lawyer and data protection delegate.
