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Spain’s Data Regulator Issues Europe’s First Fine Over AI-Generated Nude Image

The AEPD found the distribution of an identifiable AI-manipulated photo lacked a lawful basis under the GDPR.

Overview

  • The administrative resolution imposes a €2,000 penalty that drops to €1,200 with prompt payment.
  • The AEPD opened proceedings on September 20, 2023 after press reports and admitted a victim’s complaint on October 5, with all identities redacted in the public decision.
  • To identify the person responsible, the agency sought information from the Spanish Public Prosecutor and the Tax Agency.
  • National media link the file to the 2023 Almendralejo case involving minors that ended in supervised liberty and educational measures, while at least one mother says she has received no notice and does not want the matter reopened.
  • The sanction is reported as Europe’s first monetary penalty tied to an AI-generated sexual image, following earlier non-monetary action in Berlin in 2024, and Spanish reports suggest further AEPD resolutions could follow.