An X/Twitter user who went viral on the platform for posting her photograph in an auto rickshaw, wearing a bandana, along with the comment “makeup ate today” has locked her account after she was allegedly doxed online, and her photos were used to make AI generated videos. While the post had gone viral at the beginning of this month, a recent post where she displayed her degree online has reportedly led to her doxing. A twitter summary suggested that non-consensual explicit AI generated images were also circulated online.
While locking her account, she wrote: “This is going to be my last tweet for a while. There are a lot of AI-generated images and videos of me being circulated that I DID NOT CONSENT TO. It’s reached a lot of people I know, and it’s affected me heavily. Please stop feeding AI applications media of real people. This has actual real-life consequences. Please ASK FOR CONSENT before you upload anything onto an AI platform.”
Now a few things here:
1. People didn’t legally need her consent to generate AI images: It’s a failure of India’s Digital Personal Data Protection Act that we don’t have protection for personal data that we might publish online on a social media platform. It’s rank stupidity from the Indian government that they’ve inserted a clause that says:
3. Subject to the provisions of this Act, it shall—
(a) apply to the processing of digital personal data within the territory of India where the personal data is collected––
(i) in digital form; or
(ii) in non-digital form and digitised subsequently;
(b) also apply to processing of digital personal data outside the territory of India, if such processing is in connection with any activity related to offering of goods or services to Data Principals within the territory of India; Application of Act.
(c) not apply to—
(i) personal data processed by an individual for any personal or domestic purpose; and
(ii) personal data that is made or caused to be made publicly available by—
(A) the Data Principal to whom such personal data relates; or
(B) any other person who is under an obligation under any law for the time being in force in India to make such personal data publicly available.
Illustration.
X, an individual, while blogging her views, has publicly made available her personal data on social media. In such case, the provisions of this Act shall not apply.
This means that all our photos and videos online, if we’ve published them on social media, are fair game, as per a law that’s supposed to protect our personal data.
I’m not saying that they shouldn’t need her consent. I’m just saying they didn’t need it because of the law. This incident once again illustrates that India’s privacy law is not built for a world where scale is instant, harm is irreversible, and the subject is actually disempowered by the law. Our laws should make public spaces (even if privately owned) safer for our citizens.
As…
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