Privacy, Personality, and Intangible Property
Published online by Cambridge University Press: 20 November 2025
In the concluding chapter, the intersections of privacy, personality, and intangible property are explored. It is argued that there should be expanded moral and legal protections over personal information and personality traits in the context of emerging AI technologies. Drawing parallels with intellectual property rights, it is argued that individuals should retain control over their personal data and the “look and feel” of their personalities, even after sharing or exposure. Privacy as a control-based right foundational to autonomy and well-being is defended, linking its erosion to aggression, stress, and social harm. Legal frameworks such as privacy torts and rights of publicity are analyzed for their relevance in protecting against AI-driven copying and misrepresentation. Highlighting principles of substantial and confusing similarity from copyright and trademark law, the chapter critiques AI’s potential to undermine individual sovereignty, misappropriate creative effort, and stifle innovation. It concludes that robust protections for privacy and personality are essential for maintaining dignity, integrity, and equitable innovation in the AI age.
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