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Deepfakes & data misuse

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Data protection law already provides the tools to tackle intimate image abuse: it is time for those in power to act, says Jon Belcher

  • AI-generated deepfakes of real people amount to personal data processing, bringing them squarely within the scope of UK data protection law.
  • The Information Commissioner’s Office already has the powers to act against platforms enabling non-consensual image abuse—the issue is enforcement, not a lack of legislation.

Recent controversy about deepfake images generated by artificial intelligence (AI) has created the perception of a lack of legal protections for individuals, and led to a wider debate about how we regulate the ever-growing AI industry.

In fact, there are relevant laws already in place, but these have not yet proved effective to protect individuals. The UK’s data protection legislation could be used to tackle the issue, if the regulator and the courts were prepared to take decisive action.

Grok & the deepfake factories

Since purchasing the social media platform Twitter in 2022, which he later

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NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
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