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The UK’s privacy watchdog, the Information Commissioner’s Office (ICO), has initiated a formal inquiry into Elon Musk’s companies, X and xAI. This investigation stems from serious allegations that their artificial intelligence (AI) tool, Grok AI, reportedly generated and distributed non-consensual sexual deepfake images.
The controversy surrounding the Grok AI tool, which is linked to the social media platform X, first drew widespread criticism in December and January. Reports indicated that the tool had mass-produced partially nude images of women and girls, including sexualised deepfakes, without their permission. The independent Grok app was also allegedly used for similar purposes. These serious claims quickly prompted several regulatory and legal investigations, with French prosecutors having already conducted a raid on X’s headquarters in Paris over comparable accusations.
The ICO’s inquiry will primarily assess whether X and xAI have adhered to the General Data Protection Regulation (GDPR). This vital data protection law mandates that individuals’ personal data, such as their images, must be processed fairly, lawfully, and transparently. Companies are also legally bound to inform individuals about how their data is being utilised. William Malcolm, executive director at the ICO, highlighted that losing control of personal data in this manner can inflict considerable harm, particularly when children are involved. Disturbing figures suggest that Grok AI generated approximately three million sexualised images in under two weeks, with a significant proportion appearing to depict minors.
Non-compliance with GDPR can lead to substantial financial penalties, potentially reaching £17.5 million or 4% of a company’s global turnover. Although X and xAI have stated their commitment to addressing the issue, the pressure from regulatory bodies and politicians continues to intensify.
Concurrently, Ofcom, the UK’s communications regulator, confirmed that it is not presently investigating xAI under the Online Safety Act for general chatbot activities. However, it is evaluating whether to examine xAI in relation to regulations concerning age-gating for pornographic content. Furthermore, a group of Members of Parliament (MPs) has called upon the government to implement new AI legislation. They assert that comprehensive testing and risk assessment of AI products are crucial before their public release, emphasising that current safeguards are clearly inadequate.
This incident strongly underscores the intricate ethical challenges associated with advanced AI technology and the paramount importance of robust data privacy legislation.