AI image use puts consent, privacy under scrutiny

By Reporter

Marketing and Communications professional, Tobiloba Olaosun, has warned businesses and communications professionals against assuming that people will automatically consent to the use or AI-generated transformation of their images.

Olaosun, who leads Marketing & Communications at Junior Achievement Nigeria, said the growing use of artificial intelligence (AI) in brand communications was creating new risks around consent, privacy, reputation and responsible data use.

She spoke against the backdrop of an incident involving a stakeholder whose image was used in an AI-generated communication without prior consent.

“I want the post taken down. My consent was not sought to confirm whether I was comfortable having my image integrated into an AI platform,” the stakeholder said.

According to Olaosun, resolving the matter required considerable engagement, highlighting how what may appear to is a simple creative decision can quickly become a corporate communications challenge.

She said organisations should not assume that familiarity with an individual or previous permission to use a photograph automatically extends to AI applications.

“Familiarity is not consent, and proximity does not remove the need to seek permission,” she said.

Olaosun said communications teams should establish whether existing consent specifically covers AI use, the purpose for which an image will be used, possible alterations or transformations, and the terms governing the AI platform receiving the image.

They should also consider whether the resulting content could misrepresent, embarrass or otherwise negatively affect the individual, and whether the organisation could demonstrate the basis of consent if challenged.

“If you cannot confidently answer ‘yes’ to the relevant questions, pause before uploading the image,” she advised.

The concern comes as businesses increasingly use AI to develop campaign concepts, visual content, social-media materials and other marketing communications.

While AI can reduce production time and expand creative possibilities, Olaosun said speed should not replace human judgment.

The issue also has implications for corporate reputation, particularly for organisations working with young people, communities, beneficiaries and other stakeholders.

“In the development sector, where we work extensively with young people, communities, partners and other stakeholders, the responsibility is even greater,” she said.

The Nigeria Data Protection Commission (NDPC) has emphasised informed consent, transparency and the rights of individuals in relation to the processing of their personal data.

The commission, alongside other stakeholders, also raised concerns in a 2026 joint statement about AI-generated imagery involving identifiable people without their knowledge or consent, calling for safeguards and mechanisms to address harmful content.

The broader AI-governance conversation similarly places emphasis on privacy, transparency, accountability and human oversight, with UNESCO’s AI ethics framework identifying privacy and data protection among key principles for responsible AI use.

For businesses, the implications extend beyond compliance.

An AI-generated campaign may be produced in minutes, but resolving a dispute over the unauthorised use or transformation of someone’s image could take considerably longer and expose an organisation to reputational damage.

Olaosun urged organisations to establish clear internal guidelines for AI-generated images, including who can upload photographs, what approvals are required, how consent is documented, how AI platforms handle uploaded material and what happens when an individual objects to its use.

She said consent should be built into the communications process rather than treated as an afterthought.

For communications teams, the business question is therefore no longer only, “Can AI help us create this faster?”

It is also whether people’s identities and personal information are being used appropriately, transparently and with proper authorisation.

Olaosun said AI can help professionals “create faster and differently”, but innovation should not come at the expense of people’s rights, dignity and trust.

As AI tools become increasingly capable of altering an individual’s image within seconds, communications professionals have to consider not only what technology can create, but whether they have the right to create it in the first place.

In modern brand communications, “they won’t mind” is therefore becoming an increasingly risky assumption.