当AI大模型遇见人格权：海量数据训练下的侵权风险

Core Insights - Artificial intelligence is becoming a significant driving force behind a new wave of technological revolution and industrial transformation, fundamentally altering production methods, lifestyles, and social governance [1] - The development of large AI models requires vast amounts of data, which raises concerns about the protection of personal information rights and presents new challenges to the personal rights system [1] Group 1: Protection and Utilization of Publicly Available Personal Information - The protection of publicly available personal information is increasingly important in the training of AI models, as much of the training data comes from such sources [1] - The Personal Information Protection Law in China allows for the processing of publicly available personal information without consent, provided it meets certain conditions, including reasonable scope and significant impact on personal rights [1] - The challenge arises when AI models collect fragmented personal information, potentially leading to the reconstruction of sensitive personal data, which necessitates obtaining consent [1] Group 2: Safeguarding Sensitive Personal Information - The advancement of AI technology enhances data analysis capabilities, posing new threats to personal information security, particularly sensitive data [2] - During the training phase of generative AI, it is crucial to anonymize sensitive personal information to prevent severe consequences from potential leaks [2] - Historical incidents, such as vulnerabilities in ChatGPT, highlight the risks associated with sensitive information exposure and the need for ongoing regulatory measures [2] Group 3: Challenges in Generative AI Operations - Generative AI poses significant challenges to the protection of personal privacy and information, necessitating measures to prevent sensitive data from being included in generated content [3] - The risk of generative AI producing malicious or false content is a concern, as inaccuracies in training data can lead to harmful outputs that may relate to sensitive personal information [3] - The importance of protecting personal identifiers, such as voice, is increasingly recognized due to the potential for deepfake technology to exploit these identifiers [3] Group 4: Protection of Personal Identifiers - The rise of deepfake technology allows for the creation of fraudulent audio and visual content, posing significant risks to individuals [4] - High-profile cases, such as the exploitation of Scarlett Johansson's voice by OpenAI, underscore the urgent need for legal protections against the misuse of personal identifiers [4] - The necessity for stricter regulations to prevent the infringement of personal rights through deepfake technology is becoming more apparent [4] Group 5: Virtual Digital Humans and Personal Rights - The emergence of virtual digital humans presents new challenges to the personal rights system, particularly regarding the use of real individuals' likenesses in creating virtual representations [5] - The commercial viability of virtual digital humans is being explored, but their interaction with the real world raises questions about potential violations of personal rights [5] - The determination of whether a virtual digital human infringes on an individual's rights hinges on the recognizable similarity to the real person, necessitating legal standards for assessment [5] Group 6: New Types of Personal Rights - Virtual digital humans can act as "virtual avatars," extending beyond traditional rights to encompass new forms of personal rights [6] - Legal interpretations are evolving to recognize that the use of real personal information in training AI companions can infringe upon various personal rights, including name and likeness rights [6] - The concept of a "virtual avatar" represents a composite of an individual's identity, necessitating the establishment of new legal protections for these emerging personal rights [6]