Infringement Risks to Identifiable Personality Rights in Digital Resurrection: Challenges and Regulatory Responses
The iteration of generative artificial intelligence and deep synthesis has given birth to digital resurrection, a new digital personality practice. Drawing on the digital traces left by individuals during their lifetime, it enables individuals to maintain a form of continuous digital presence by digital extraction, algorithm modeling and dynamic generation of personality elements, which essentially reshapes the existence form, rights boundaries and control structure of identifiable personality rights. Meanwhile, new infringement risks arise. Although China has built a protection framework with the Civil Code and the Personal Information Protection Law as the core, the existing norms are mostly based on the design of traditional linear information processing behaviors, which makes it challenging to accurately regulate unique digital resurrection activities such as model training and cross-scenario calling. Significant uncertainty also remains regarding the legal relationship between the personality interests of the deceased and the enforcement rights of their close relatives. In addition to sorting out the technical mechanism and application scenarios of digital resurrection, this paper analyzes its infringement forms on portrait, voice, reputation and personal information rights and interests, and proposes a comprehensive regulatory framework from the legislative, technical and judicial dimensions, so as to realize the dynamic balance between technological innovation and personality rights protection.
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