Breach of Privacy
Unlawful disclosure or sharing of private information or AI-altered visual depictions of an individual without consent.
How the laws define this
Both regulatory frameworks agree that breach of privacy includes the nonconsensual sharing or dissemination of visual depictions created or altered by artificial intelligence to portray an individual in a sexual manner. Both recognize that privacy violations extend to digitally manipulated intimate content. However, they diverge in their scope and specific statutory carve-outs. The Act concerning crimes and punishments applies more broadly to the unlawful disclosure of private information as well as visual depictions of an individual. By contrast, the provision as amended by SB 186 focuses on visual depictions portraying an identifiable person, while explicitly incorporating an exception for cable services. Compliance officers must distinguish between rules that cover general private information and those that specifically target AI-generated depictions of identifiable persons with sector-specific exceptions.
Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.
Definitions (2)
The unlawful disclosure or sharing of private information or visual depictions of an individual, especially when such depictions are created or altered by AI to portray the individual in a sexual manner without consent.
Breach of privacy, as amended by SB 186, includes the nonconsensual dissemination of visual depictions that have been created or altered by artificial intelligence to portray an identifiable person in a sexual manner. This expands the traditional understanding of privacy violations to cover digitally manipulated intimate content.