Allende & Brea – Estudio Jurídico

This report cannot be considered as legal or any other kind of advice by Allende & Brea. For any questions, do not hesitate to contact us.

Generative AI and Privacy: Data Protection Authorities Reinforce Warnings

On February 23, 2026, more than 60 data protection authorities from various jurisdictions signed the Joint Statement on AI-Generated Imagery and the Protection of Privacy, expressing concern about the risks arising from the use of artificial intelligence systems to generate realistic images and videos of individuals without their consent. In particular, they warned about the potential harm such practices may cause to children, adolescents, and other vulnerable groups, including situations involving cyberbullying and exploitation.

In this context, the Statement reminds all organizations developing or using generative AI systems that such activities must be carried out in strict compliance with applicable laws, including data protection and privacy regulations. It further underscores that the creation of non-consensual intimate images may constitute a criminal offense in several jurisdictions.

The Statement also sets out a number of key principles that should guide organizations in the responsible development and use of these technologies, including: (i) the adoption of robust measures to prevent the misuse of personal data and the generation of non-consensual intimate images and other harmful content, particularly where minors are involved; (ii) ensuring transparency regarding the capabilities, limitations, and permitted uses of AI systems; (iii) providing effective and accessible mechanisms for individuals to request the removal of harmful content; and (iv) addressing risks that specifically affect children by implementing enhanced safeguards and providing clear and age-appropriate information.

Finally, the Statement highlights the commitment of the signatory authorities to exchange information and coordinate common strategies to address, in a collaborative manner, the global risks associated with the development and deployment of generative AI. The Statement reinforces the principle that technological advancement must not come at the expense of privacy, safety, dignity, and individuals’ fundamental rights.

Link to the Statement.

This report cannot be considered as legal or any other kind of advice by Allende & Brea. For any questions, do not hesitate to contact us.

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