Journal of Intellectual Property (J Intellect Property; JIP)

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pISSN 1975-5945
eISSN 2733-8487
Research Article

The EU AI Act Based on the Precautionary Principle and France’s Response: Focused on the Protection of the Right to One’s Image

Assistant Professor, Department of Arts and Cultural Management, College of Cultural Knowledge Convergence, Dongduk Women’s University, Republic of Korea

Correspondence to Hee Jin Choe, E-mail: paris8@dongduk.ac.kr

Volume 20, Number 4, Pages 147-163, December 2025.
Journal of Intellectual Property 2025;20(4):147-163. https://doi.org/10.34122/jip.2025.20.4.147
Received on September 21, 2025, Revised on September 25, 2025, Accepted on December 03, 2025, Published on December 30, 2025.
Copyright © 2025 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.

Abstract

This study aims to interpret how the right to one’s image, as a fundamental right, is protected under the precautionary principle, which serves as the EU AI Act’s normative philosophy. It also analyzes the specific administrative and legislative systems that France established before the Act’s entry into force. The Act uses a risk-based approach that adjusts precautionary controls through outright prohibitions, human oversight, information provision, transparency, labeling obligations, and duties imposed on providers and deployers. Together, these measures protect the right to one’s image. In response, France has adopted a dual CNIL–SREN track: CNIL provides guidance, supervises and sanctions, and enforces transparency and notice duties, while the SREN Act strengthens notice-and-action procedures for illegal content and criminalizes non-consensual deepfakes, improving online safety. Future research will compare national rules on the commercial exploitation of the right to one’s image and examine post-mortem, digital and biometric, and minors’aspects.

Keywords

EU AI Act, precautionary principle, right to one’s image, French Data Protection Authority(CNIL), SREN law

Notes

Conflicts of Interest

No potential conflict of interest relevant to this article was reported.

Funding

The author received manuscript fees for this article from Korea Institute of Intellectual Property.

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