Estonian actors protest onslaught of artificial intelligence in new EU rules

The Estonian Actors' Union is concerned that proposed EU changes to the General Data Protection Regulation (GDPR) would make it easier for AI to use actors' voices and likenesses.

Reimo Sagor, head of the Estonian Actors' Union, said the proposed changes would significantly weaken personal data protections and open the door to unchecked AI training on actors' performances.

"Our main concern with the digital omnibus package is that it would loosen the requirements governing the processing of personal data, the need for such processing and the obligations of those who process it. These requirements would be weakened and the ambiguities introduced would give AI developers an opportunity — because they need to develop AI technology — to use people's personal data, including actors' faces, voices, likenesses and movements," Sagor said.

According to Sagor, they could do so without seeking separate permission, providing sufficient transparency or paying the actors. "This is a problem even now, but in the future it would be fully permitted by law. That is completely unacceptable to us," he said.

Sagor said another serious concern is that the definition of personal data would become less clear, particularly when it comes to actors' movement patterns.

"We would also face a situation in which the meaning of personal data, or what counts as someone's personal data, becomes less clear. For example, if AI learns how an actor moves, that data — how the movement is produced — actually contains the actor's personal data: their original movement pattern. If, under the new wording, that pattern on its own is supposedly not considered personal data because it cannot at that point be linked to a specific actor, it could then be used in an AI system. Studios using AI could reproduce the original actor from those movements," Sagor explained.

Sagor: The Estonian state does not offer creators enough protection from AI

The Actors' Union wants the Estonian government to take more decisive action, both domestically and at the European Union level.

"Together with our umbrella organizations — the International Federation of Actors and other partners — we expect the personal data provisions in the digital omnibus package not to be weakened so much and the wording not to be made so vague and open to interpretation," Sagor said.

Sagor said actors also expect the existing wording of the GDPR to be respected and its protections strengthened.

"We expect the Estonian government to say this publicly and clearly, both here and in Europe. The Estonian Actors' Union believes our small country has not done enough to protect the rights of actors and performers more broadly, including musicians and singers, in the field of AI. Now is the time to do so," Sagor stressed.

He added that the union has imposed its own restriction on the use of AI.

"The Actors' Union has opted out of having its members' performances used to train AI. In other words, we do not permit AI to be trained on our members' performances. This information is also on our website and we very much hope it will be respected. If anyone wants to use our actors' performances — their voices or anything else — to train AI or produce videos, they must ask for separate permission," Sagor said.

Minister: Small states can protect rights of creative professionals in cooperation

Minister of Culture Heidy Purga (Reform Party) confirmed that the ministry had received the Actors' Union's letter and shared its concerns.

"We have received the letter from the Actors' Union, we agree with it and we will certainly do our best to stand up for their rights," Purga said. The minister said the issue would be addressed soon.

"Copyright protections will be discussed at a meeting of culture ministers in the NB8 format in Tallinn in early October. We have serious discussions planned there about the future development of AI as a whole, particularly copyright issues — how small countries might reach agreements and support one another," Purga said.

Purga stressed that cooperation between countries is crucial to regulating AI.

"Above all, this requires agreements. Small countries cannot achieve as much or gain the same support on their own — a single voice may be a little too weak. But by reaching agreement together, we can present a stronger position," the minister said.

Kristi Värk, head of the Ministry of Justice and Digital Affairs' data protection law division, also said the ministry was aware of the actors' concerns and understood their worries about the use of their voices and likenesses. She said it was too early to comment in detail on what the final legislation would say.

"Discussions are still underway in the Council of the European Union, which is one of the co-legislators. The provision that concerns actors is currently being discussed in great depth, but it is still very difficult for me to say exactly where those discussions will lead," Värk said.

Värk added that Estonia's current position is that all applicable legal bases must be ensured when developing AI.

"Consent is one of those legal bases. Estonia's position also calls for additional safeguards and we need to consider what those might be and how we can provide them to different people. We are looking for the best solutions together with all the other member states," Värk said.

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Editor: Marcus Turovski, Mari Peegel