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Don't Blame Me, But Also Don't Shake It Off

It looks like PRIVACY actually made headlines on International #DataProtectionDay in 2024. International Privacy Day, also called International Data Protection Day celebrates the day in 1981 that the Council of Europe signed “Convention 108” on the protection of personal data. Since the GDPR was adopted in 2016, DPAs, DPOs, privacy professionals and lawyers have been grabbing on to Data Protection Day to raise awareness about the impact of global data flows on personal privacy. 


Data Protection vs. Personal Privacy

The past few years, this has looked a lot like educational pieces on cookie banners, consent protocols, contract terms for global data flows and other obscure compliance issues that were hard to connect to real life. Yes, there was pearl clutching when Meta (Facebook) tried to do just about anything. And eye-popping fines continue to be levied against companies that mishandle data under the GDPR, even when no data breach is involved (sideeye to Luxemborg for the AWS fine). 


Rarely mentioned in the headlines or enforcement actions are digital privacy violations that destroy real human lives: non-consensual intimate images and sexplotation. Disproportionately impacting women, LGBTQ+, and marginalized communities, but enforcement actions against the individuals who misused personal data in the most personal violations of privacy, remain elusive. 


The acceleration and democratization of generative AI was easily anticipated to increase the risks to individuals of this type of harm, yet the global push for AI regulation remains largely silent on the issue. The parties creating such content are difficult to find and require technically sophisticated law enforcement agents and complex, often cross-border investigations. Global data protection laws – like the GDPR – often stand in the way by requiring time consuming international cooperation for warrants to be served or data to be gathered. Even when the alleged perpetrator is known to the victim, it is not always clear which laws provide relief (and that is before we address the biases that marginalized communities face in gaining justice, generally). 


Enter: Taylor Swift.

After waffling for the year regarding laws against creation of deepfakes (because, let’s face it, they want the option of creating them), U.S. Congress is now debating the need to enact laws to prevent non-consensual intimate imagery such as AI deepfake pornography. Of course, some are now indignant about the fact that traction was not made when “ordinary” women were victimized in this. I share their indignity. But if we have the ability to make change now, lets do it. Because if one of the most powerful and influential people in the world cannot effect change in this area of law, can anyone? 

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