‘예방주의 원칙’ 기반 EU AI 법과 프랑스의 대응: 초상권 보호를 중심으로

This study aims to interpret how the right to one’s image, as a fundamental right, is protected under the precautionary principle, which serves as the EU AI Act’s normative philosophy. It also analyzes the specific administrative and legislative systems that France established before the Act’s entry into force. The Act uses a risk-based approach that adjusts precautionary controls through outright prohibitions, human oversight, information provision, transparency, labeling obligations, and duties imposed on providers and deployers. Together, these measures protect the right to one’s image. In response, France has adopted a dual CNIL–SREN track: CNIL provides guidance, supervises and sanctions, and enforces transparency and notice duties, while the SREN Act strengthens notice-and-action procedures for illegal content and criminalizes non-consensual deepfakes, improving online safety. Future research will compare national rules on the commercial exploitation of the right to one’s image and examine post-mortem, digital and biometric, and minors’aspects.