In today’s digital world, your face is no longer just your identity.
It is data.
It is value.
And increasingly, it is vulnerable.
With AI-generated ads, deepfakes, reels, brand collaborations, and viral content everywhere, one question has become unavoidable:
Can someone legally use your face, name, or voice without your permission?
The answer in 2026 is clearer than ever:
No — and now, the law is far more explicit about it.
Welcome to the evolved understanding of Personality Rights, reinforced by the Digital Personal Data Protection Act, 2023 (DPDPA).
What Are Personality Rights?
Personality rights protect an individual’s control over their identity — especially when that identity has commercial or reputational value.
They cover:
• Your face and photograph
• Your name and identity
• Your voice
• Your likeness and persona
• Your reputation and public image
In simple terms:
Who you are cannot be commercially used by someone else without your consent.
This was earlier developed through court decisions.
Today, it has statutory backing.
The Big Shift: DPDPA 2023 Changes Everything
Here is the most important legal update most people miss! Under the Digital Personal Data Protection Act, 2023, your:
• Photograph
• Facial image
• Video
• Voice
• Any identifier linked to you
is recognised as “Personal Data.”
Which means:
- Your face is legally protected data.
- Using it requires consent.
- Misuse attracts statutory penalties.
Personality rights are no longer just implied through privacy jurisprudence. They are now anchored in data protection law. This is a decisive shift.
What This Means in Real Life
If someone:
• Uses your photo in an advertisement
• Uses your reel to promote a brand
• Creates an AI-generated video using your face
• Clones your voice for content or marketing
• Suggests your endorsement without permission
They may be violating:
• Personality rights
• Right to privacy and dignity
• DPDPA 2023
• Principles of misrepresentation and unfair trade practice
This is no longer “just unethical.” It can be illegal on multiple counts.
A Common and Dangerous Myth
“If it’s on social media, anyone can use it.”
Legally, this is incorrect. Posting your image online does not mean:
• You’ve given commercial consent
• Your identity is free to exploit
• Brands can monetise your face
• AI tools can recreate you
Consent under DPDPA must be:
• Free
• Specific
• Informed
• Purpose-limited
Anything beyond that is misuse.
AI, Deepfakes & Facial Data: The New Risk Zone
AI has changed the scale of identity misuse. Today, your face can be:
• Recreated
• Manipulated
• Trained into models
• Placed into ads or videos
• Used to sell products you never approved
Under DPDPA, this qualifies as processing of personal data. Processing without lawful consent can lead to:
• Regulatory action
• Heavy financial penalties
• Injunctions and takedowns
• Serious reputational damage
This is where legal awareness becomes survival strategy.
Who Needs to Care About Personality Rights Today?
Earlier, these conversations were limited to celebrities. Not anymore.
If you are a:
• Founder
• Startup owner
• Influencer
• Coach or consultant
• Public-facing professional
• Content creator
Your digital presence has commercial value. And wherever there is value, the law follows.
How to Protect Your Personality Rights?
If you are building visibility, these are non-negotiable:
• Be clear about how your image is used
• Use written consent and contracts
• Act immediately against misuse
• Use takedown mechanisms
• Treat your identity as a legal asset
Because your face is not “content”. It is capital.
In my opinion –
In 2026, your face is not just your identity — it is your personal data.
And under Indian law, personal data cannot be used without consent.”
This is where personality rights, privacy, AI, and DPDPA intersect. Visibility without legal protection is no longer empowerment. It is exposure. Period.
The Bottom Line
In the digital economy:
• Identity is valuable
• Data is regulated
• Consent is mandatory
And silence does not mean permission.
If you are building a brand, a voice, or a presence —
know your rights before someone else uses your face to build theirs.