Institutional Repository UIN Sunan Kalijaga YogyakartaPERLINDUNGAN HAK PRIVASI INDIVIDU DALAM MODEL BISNIS KOMERSIALISASI FOTO DIGITAL PADA MARKETPLACE FOTOGRAFI BERBASIS ARTIFICIAL INTELLIGENCENIM.: 24203012007A Nawfal Abroor ZuhriauthorAdvances in artificial intelligence technology through facial recognition have driven the commercialization of visual identity as a source of economic value within the digital ecosystem, as exemplified by the Photography Marketplace. This practice gives rise to a tension between the protection of privacy as a fundamental individual right and economic interests in the use of visual identity. This study aims to analyze the causes of this dialectic, formulate a synthesis between the protection of privacy rights and economic interests, and reconstruct an ideal legal framework for the commercialization of visual identity based on artificial intelligence. This study is a normative legal study employing the statutory approach, the conceptual approach, and the case approach. The legal materials consist of primary, secondary, and tertiary sources, which are analyzed qualitatively through descriptive, analytical, and prescriptive research methods, using the theory of privacy rights, K. Bertens’s business ethics, and Jasser Auda’s contemporary theory of Maqasid al-Sharia. The research findings indicate that the dialectic between the protection of privacy rights and economic interests stems from a distortion in the legal relationship that positions platforms as the controllers of visual identity processing, while individuals lack proportional legal control over their visual identities. A synthesis of these two interests can only be achieved through a legal relationship that establishes the protection of privacy rights as the basis for the legitimacy of economic activities (mutual legitimacy). Based on these findings, this study formulates an ideal legal model through three dimensions: Opt-In Constitutional Consent, the Multiparty Legal Relationship Model, and Privacy by Design Governance. This framework positions individuals as the holders of legal control over their visual identities and achieves a balance between the protection of privacy rights, economic interests, and the public good.342.0858 Perlindungan Data Diri2026-10-02UIN SUNAN KALIJAGA YOGYAKARTA;FAKULTAS SYARI’AH DAN HUKUMThesis

For work being deposited by its own author: In self-archiving this collection of files and associated bibliographic metadata, I grant Institutional Repository UIN Sunan Kalijaga Yogyakarta the right to store them and to make them permanently available publicly for free on-line. I declare that this material is my own intellectual property and I understand that Institutional Repository UIN Sunan Kalijaga Yogyakarta does not assume any responsibility if there is any breach of copyright in distributing these files or metadata. (All authors are urged to prominently assert their copyright on the title page of their work.)

For work being deposited by someone other than its author: I hereby declare that the collection of files and associated bibliographic metadata that I am archiving at Institutional Repository UIN Sunan Kalijaga Yogyakarta) is in the public domain. If this is not the case, I accept full responsibility for any breach of copyright that distributing these files or metadata may entail.

Clicking on the deposit button indicates your agreement to these terms.