No Immediate Law Amendments Needed for AI-Generated Deepfake Porn, Hong Kong Privacy Chief States
The head of Hong Kong’s privacy authority has confirmed that existing laws are adequate to address offences involving AI-generated deepfake pornography. Ada Chung Lai-ling, Privacy Commissioner for Personal Data, emphasized that the current legal framework, particularly the Personal Data (Privacy) Ordinance, is principle-based and technology-neutral, making it applicable to the misuse of personal data in deepfake images.
Speaking at a seminar at the Hong Kong News-Expo, Chung clarified, “The Personal Data (Privacy) Ordinance is still applicable … For now, we do not see a need to amend the law.” Complaints regarding AI-generated pornographic material will be treated the same way as other personal data breaches. Additionally, existing criminal laws prohibiting the disclosure of obscene images can be enforced in such cases.
Recent Incident Sparks Legal Discussion
Chung refrained from discussing details of a recent case where a male law student used AI to create over 700 pornographic deepfake images of female classmates and others. Though the images were found on his computer and not distributed, the case highlighted potential gaps in legal protections against non-consensual creation of such content.
The Privacy Commissioner confirmed that her office has launched a criminal investigation into the incident, reinforcing the seriousness with which such violations are handled under current laws.
Focus on Corporate Governance and Public Education
Rather than rushing into legislative changes, Chung advocates for stronger corporate governance and public awareness to reduce AI-related risks. A recent survey by the Privacy Office revealed that while 80% of 60 surveyed organizations are using AI, less than 30% have formal AI safety policies in place.
To support safer AI use, the office has published guidelines and checklists for organizations and employees. Chung also reminded companies that they can be held legally responsible for privacy breaches by their staff, regardless of prior knowledge of the misconduct.
Proposed Penalty Increases and Public Resources
The Privacy Office has proposed to the government an increase in penalties for privacy violations. Chung noted that economic concerns raised during prior consultations might influence the timing of such changes, but the government will weigh multiple factors before making a decision.
Public education efforts have been strengthened, including the launch of a centralized webpage offering information on AI safety and anti-scam advice. These resources aim to help both organizations and the public better understand how to protect personal data in the era of AI.
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