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ARTICLE · 01 DECEMBER 2025

Navigating Privacy And Personality Rights In The World Of AI

The proliferation of AI tools that can generate convincing voice, image and video impersonations has led to increased (and often hidden) liability risk for companies leveraging AI technologies in their marketing.

CanadaTechnology

The proliferation of AI tools that can generate convincing voice, image and video impersonations has led to increased (and often hidden) liability risk for companies leveraging AI technologies in their marketing.

In Canada, the misuse of one's image is protected at common law and can be enforced by asserting either privacy rights or personality rights, depending on the situation.

Privacy rights

Focusing first on privacy rights: where a person is not famous and enjoys a reasonable expectation of privacy, the publication of that person's likeness or personal information without permission may constitute an invasion of their right to privacy.

To establish a breach of one's right to privacy, a plaintiff must establish that:

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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