Crown Dependency Data Protection Advisory - Generative AI Image Creation (2026-02-23)

Summary

This is a joint advisory issued by the Jersey Office of the Information Commissioner alongside the Guernsey and Isle of Man data protection authorities, responding to global concerns about generative AI tools that can create non-consensual, intimate, or deepfake images. It is informational guidance rather than binding law, aimed at raising awareness of data protection risks and encouraging safer practices by both organisations and individuals.

The advisory confirms that organisations designing or deploying generative AI image systems bear primary responsibility for complying with data protection and privacy law, consistent with a concurrent international Joint Statement signed by the three Crown Dependency regulators and 58 other global co-signatories. It also sets out practical steps individuals, and particularly parents, can take to protect personal data and children from misuse.

• Privacy settings: Review and tighten social media and online privacy settings to control who can see personal content.
• Limit data sharing: Avoid sharing large amounts of personal information, especially images of children, with AI systems or online services.
• Caution with AI tools: Be wary of AI tools that request photos, videos, voice recordings or detailed personal data, especially where retention, training use, or sharing practices are unclear.
• Verify AI content: Do not rely on AI-generated text, images or video without checking against trusted sources, as content may be inaccurate or fabricated.
• Do not create harmful content: Do not create or share AI-generated content that could harm a real person; creating indecent images of a child is a criminal offence regardless of AI use.
• Know your rights: Individuals (and parents on behalf of children) can exercise data protection rights including access and erasure, and can report misuse to platforms or to the regulators.
• Talk to children: Parents and carers are encouraged to discuss online safety and AI risks with children.

The advisory closes with statements from the Jersey, Guernsey and Isle of Man Information Commissioners emphasising the seriousness of AI-enabled deepfake harms, particularly to children, and reaffirming ongoing international regulatory cooperation on this issue.

Applies to

organisations that design or deploy generative AI image systems, individuals (data subjects), parents and guardians of children