Deepfake technologies: socio-legal risks of violation of individual’s privacy and legal solutions

Synthetic works create the illusion of reality, forcing the viewer to believe in what he sees. If fictional characters appear in such works, they can be considered as works of fiction. However, when real people become the heroes, and the content of the videos and audio recordings does not correspond to reality and violates human rights, this becomes a subject for discussion. The article hypothesizes that the use of publicly available biometric personal data to create a new work using deepfake technology cannot be considered a violation of a person’s privacy, even if the character eventually gets a resemblance and the plot resonates with a person’s private life. To confirm or refute the hypothesis, the article provides answers to the following questions: is this situation an offense? If so, in which area, for example, in the field of personal data processing or in the field of privacy? And also, is it possible to consider such a work created with the help of a deepfake as fiction, and all coincidences as an accident?