Actor (data subject) – Court Ruling (Germany, 2025)

The data subject is a widely known actor and professional voice actor. The controller operated a YouTube channel with an associated online shop. The controller published two political satire videos on YouTube. The videos used an AI-generated voice that closely imitated the data subject’s voice. Viewers in the comments identified the voice as that of the data subject. The videos ended with references to the controller’s online shop, which sold merchandise linked to the channel’s political positioning. On 28 September 2023, the data subject contacted the controller and objected to the use of his voice. He requested cessation of use and reimbursement of legal costs. The controller submitted a cease-and-desist declaration but refused to pay damages, arguing that the voice was synthetic, lawfully acquired from an AI provider, and used for satire rather than advertising. The data subject claimed that the AI-generated voice constituted use of his personal voice, that the processing occurred without consent, and that it created the impression that he endorsed the videos and products. He sought compensation equivalent to his usual licensing fees and reimbursement of legal costs. First, the court held that the controller unlawfully interfered with the data subject’s right to his own voice. Although the voice was AI-generated, it closely imitated a distinctive personal characteristic attributable to the data subject. The court considered that a significant part of the audience would associate the voice with the data subject, which was sufficient to establish personal attribution. Second, the court addressed the issue under data protection law and noted that the use of an AI-generated voice imitating a real person can qualify as processing of personal data. The court examined Article 6(1) GDPR and found no valid legal basis. The data subject had not given consent under Article 6(1)(a) GDPR. Contractual necessity under Article 6(1)(b) GDPR was irrelevant. The controller relied