The policy prohibits generating content that violates others' privacy, including using a person's likeness or voice to generate outputs or impersonate them without their prior consent.
This analysis describes what Mistral AI's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The prohibition on using another person's likeness or voice without prior consent intersects with right-of-publicity law, biometric privacy statutes, and GDPR provisions on special category data including biometric data used for identification purposes. The policy uses 'for instance' framing, indicating the privacy prohibition is not limited to the likeness and voice examples provided.
Interpretive note: The scope of the privacy prohibition beyond the likeness and voice examples is not defined, and the 'prior consent' requirement does not specify what form or mechanism of consent is required.
The agreement prohibits generating content that invades others' privacy, including outputs using a person's likeness or voice without their prior consent. The non-exhaustive framing means the privacy prohibition may extend to content categories beyond likeness and voice impersonation.
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"Generating content that invades or violates the privacy of others is prohibited. This includes, for instance, using someone else's likeness or voice to generate outputs or impersonate them, without their prior consent.Excerpt from Mistral AI's Usage Policy
1) REGULATORY LANDSCAPE: Biometric data including voice and facial likeness is classified as special category data under GDPR Article 9, requiring explicit consent or other specific legal bases for processing.
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The prohibition on using another person's likeness or voice without prior consent intersects with right-of-publicity law, biometric privacy statutes, and GDPR provisions on special category data including biometric data used for identification purposes. The policy uses 'for instance' framing, indicating the privacy prohibition is not limited to the likeness and voice examples provided.
The agreement prohibits generating content that invades others' privacy, including outputs using a person's likeness or voice without their prior consent. The non-exhaustive framing means the privacy prohibition may extend to content categories beyond likeness and voice impersonation.
ConductAtlas has identified this type of provision across 282 platforms. See the full comparison.
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