The UK's Information Commissioner's Office (ICO) has launched a formal investigation into Elon Musk's X and xAI companies over concerns that the Grok AI tool generated indecent deepfakes without consent. The probe will examine whether the firms breached the General Data Protection Regulation (GDPR) by failing to implement appropriate safeguards in Grok's design and deployment.
The investigation follows widespread criticism in December and January when Grok was used to mass-produce partially nudified images of women and girls. Researchers estimate that Grok generated around 3 million sexualised images in less than two weeks, including 23,000 depicting children. The ICO's executive director of regulatory risk and innovation, William Malcolm, stated that the reports raise 'deeply troubling questions' about the use of personal data to create intimate images without consent.
GDPR requires that personal data, including images, be processed fairly, lawfully, and transparently. Breaches can result in fines of up to £17.5 million or 4% of global turnover. X's advertising revenue was estimated at $2.3 billion last year, which could lead to a fine of around $90 million. Iain Wilson, managing partner at Brett Wilson law firm, described the potential breach as 'egregious', particularly if children or identifiable individuals are involved.
Separately, French prosecutors raided X's Paris headquarters as part of an investigation into alleged offences including the spread of child abuse images and sexually explicit deepfakes. The UK's communications regulator, Ofcom, confirmed it is not investigating xAI, as not all chatbot activities fall under the Online Safety Act. However, Ofcom is considering whether xAI complied with age-gating rules for pornographic content.
A cross-party group of MPs, led by Labour's Anneliese Dodds, has urged the government to introduce AI legislation to prevent similar incidents. The Department for Science, Innovation and Technology stated it has 'strengthened protections' and is working to ensure AI safety. X and xAI have announced measures to counter abuses but have not yet commented on the ICO investigation.
