New York AIDPA (privacy right covers AI-made likeness & voice)

New York Artificial Intelligence Deceptive Practices Act — Right of Privacy Extended to Digitization (Civil Rights Law 50-51)
New York · N.Y. Civil Rights Law 50, 51; L. 2024, ch. 58, pt. MM

Status
In effect
Took effect
April 20, 2024
Applies to
Any person, firm, or corporation that uses such attributes within New York for advertising or trade purposes without consent.
Enforced by
New York courts (private civil action under Civil Rights Law 51).

New York's long-standing right-of-privacy law bars using a person's name, picture, likeness, or voice for ads or trade without written consent. This amendment made clear that protection also covers a picture, likeness, or voice that was created or altered by AI or other digitization, so AI-generated deepfakes of a person fall under the same rule.

Who is protected: Living individuals whose name, portrait, picture, likeness, or voice (including AI-generated versions) is used for advertising or trade without written consent.

Legal detail

Enacted via Part MM of Chapter 58 of the Laws of 2024. Amends N.Y. Civil Rights Law 50 so the protected attributes for advertising or trade purposes include a portrait, picture, likeness, or voice created or altered by digitization (software, machine learning, AI, or other computer-generated means); the private remedy is in Civil Rights Law 51.

Key facts

JurisdictionNew York
LevelState
StrengthLimited
EnactedApril 20, 2024
CitationN.Y. Civil Rights Law 50, 51; L. 2024, ch. 58, pt. MM
Private right of actionYes, individuals can sue
PenaltiesUnder Civil Rights Law 51, an aggrieved person may obtain injunctive relief and compensatory damages, plus exemplary damages for a knowing use; a Section 50 violation is also a misdemeanor.
Topicsdeepfakes · AI-generated images
StatuteNew York Civil Rights Law 50 — Right of Privacy

More AI rules in New York

Related deepfakes rules elsewhere

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