Non-consensual intimate imagery (revenge pornography) in the age of Artificial Intelligence: An overview of GDPR and the Greek criminal law

The topic of this study is revenge pornography, or more generally non-consensual intimate imagery (NCII), under the scope of the GDPR, Greek penal law and current technological challenges, such as AI and deepfakes technology. Revenge pornography is a criminal activity which can take many forms and has shown to have increasing proliferation nowadays, due to social media and digital technology making it much easier. In the law of the European Union, even before the GDPR, case law had cemented the right to be forgotten, which later developed into the “right to erasure” of Art. 17. In the Greek legal system, revenge pornography was first addressed by Law 4624/2019 and the provision of Article 38, but in 2022, the Penal Code was updated with Article 346, targeting specifically revenge pornography. The legal discussion is followed by an analysis of deepfake technology, its way of operating and its challenges for revenge pornography cases. Finally, a discussion is being made about the legal gaps and future challenges, as well as ways to overcome these obstacles.