Every week in Spain, and in the world, a new trend conquers social networks. Some last a few hours, another days, but they all share the same pattern: Instant virality and mass participationalmost automatic. The last to popularize consists in transforming a real photograph into an illustration inspired by the aesthetic universe of the Ghibli studio – Creadores of ‘My neighbor Totoro’, ‘The castle in heaven’ or ‘The trip of Chihiro’—.
What for many is simply an original way of customizing its image, it is actually an operation managed by Openai’s artificial intelligence (AI), the same company behind Chatgpt. And that It entails a series of implications that go beyond the aesthetic.
The phenomenon has reached such a level of popularity that even Sam Altman, CEO of Openai, has asked users to calm the avalanche of applications to generate content inspired by Ghibli. But beyond the superficial stir, we must Analyze what is behind this trend and what is its impact on personal data protection.
Nerea Toja Maceiras
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Santiago Medium Abogados Associate
An image is also a personal fact
The General Data Protection Regulation (RGPD), as well as the Organic Law for the Protection of Personal Data and guarantee of digital rights (LOPDGD), define as Personal data any information that allows you to identify, directly or indirectly, a natural person.
In this sense, the images – an apparently harmless when shared on social networks – are also considered personal data, since they can reveal the identity of the subject through their facial features, their surroundings or the context of photography.
The worrying thing is that many of these applications that transform real images into illustrations barely offer detailed information on the processing of this data. At best, They limit themselves to classify them as “user content”with a legal basis that oscillates between the execution of the contract, the legitimate interest or the fulfillment of a legal obligation.
An ambiguous definition, especially if we consider that these images They can be treated with advanced techniques such as facial recognition or the extraction of biometric data.
What if they are extracting our biometric data?
And this is where we must turn on the alarms. The GDPR considers biometric data as sensitive datasince they allow unique identifying a person from their physical characteristics.
Its treatment requires greater guarantees of security and, nevertheless, the users are rarely aware that, by uploading an image to obtain a “beautiful” or “fun” illustration, They are giving sensitive information without fully understanding the consequences.
From the viral to dangerous: what can they do with our images?
When photos are uploaded to these platforms, These images become part of the company’s servers “In this case, OpenAi,” being exposed, even temporarily, Possible security gaps. The result can range from identity to the creation of Deepfakesthrough the elaboration of profiles for discriminatory or commercial purposes.
These risks They are aggravated even more if minors appear in the imagesa collective specially protected by the regulations and whose exhibition in these environments should be extremely extreme.
It’s worth it?
What begins as an seemingly innocent action – continue a trend, participate in a viral challenge or share an illustrated image— can lead to a total loss of control over our own data. And the most worrying thing is that this assignment occurs, in many cases, from unconsciousness.
We are not aware of the importance of protecting our personal data. Need develop a critical look that allows us to distinguish between what is simply entertaining and What can put our privacy at risk.
It is not about giving up technology, but using it with responsibility. Because protecting our data is not just a legal issue: it is a way to preserve our identity and prevent others from making undue use of what we share.
The normative frames are there to protect us, but they are not enough if there is no individual will to act with caution. In the background, the question is not whether or not to participate in these fashions, but if we are willing to assume what it implies doing so. And that, no matter how much technology evolves, will continue to be a deeply human decision.
It is not about giving up technology, but using it with responsibility.
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