Elon Musk\u2019s X and xAI companies are under formal investigation by the UK\u2019s data protection watchdog after the Grok AI tool produced indecent deepfakes without people\u2019s consent.<\/p>\n
The Information Commissioner\u2019s Office is investigating whether the social media platform and its parent broke GDPR, the data protection law.<\/p>\n
It said the creation and circulation of the images on social media raised serious concerns under the UK\u2019s data regime, such as whether \u201cappropriate safeguards were built into Grok\u2019s design and deployment\u201d.<\/p>\n
The move came after French prosecutors raided the Paris headquarters<\/a> of X as part of an investigation into alleged offences including the spreading of child abuse images and sexually explicit deepfakes.<\/p>\n X became the subject of heavy public criticism in December and January when the platform\u2019s account for the Grok AI tool was used to mass-produce partially nudified images of girls and women<\/a>. The standalone Grok app was also used to generate sexualised deepfakes.<\/p>\n X and xAI announced measures<\/a> to counter the abuses, but several regulatory and legal investigations have followed. The two companies have been approached for comment.<\/p>\n The executive director of regulatory risk and innovation at the ICO, William Malcolm, said: \u201cThe reports about Grok raise deeply troubling questions about how people\u2019s personal data has been used to generate intimate or sexualised images without their knowledge or consent, and whether the necessary safeguards were put in place to prevent this.<\/p>\n \u201cLosing control of personal data in this way can cause immediate and significant harm. This is particularly the case where children are involved.\u201d<\/p>\n GDPR requires that people\u2019s data, including their image, is managed fairly, lawfully and transparently \u2013 and that they are informed about how their data is used.<\/p>\n Breaches of GDPR can result in a fine of up to \u00a317.5m or 4% of global turnover. X\u2019s revenues are not public, but according to estimates from the market research company eMarketer it was expected to make $2.3bn (\u00a31.7bn) in advertising turnover last year<\/a>, which would equate to a fine of around $90m.<\/p>\n Iain Wilson, the managing partner at the law firm Brett Wilson, said: \u201cThe ICO\u2019s investigation raises serious questions about the nature of AI-generated imagery and how it is sourced. If photographs of living individuals have indeed been used to generate non-consensual sexual imagery, then it is difficult to imagine a more egregious breach of data protection law.<\/p>\n \u201cThis is particularly so if the subjects are identifiable or children.\u201d<\/p>\n Grok AI generated about 3m sexualised images in less than two weeks, including 23,000 that appear to depict children, according to researchers.<\/p>\n X is owned by xAI, the developer of Grok, although both have been subsumed into Musk\u2019s SpaceX rocket business<\/a> under a merger announced on Monday.<\/p>\n In a separate statement, the UK\u2019s communications regulator, Ofcom, said it was not investigating xAI, which provides the standalone Grok app.<\/p>\n