Three situations, three levels of care
| Who the clone represents | Key question | Minimum good practice |
|---|---|---|
| Yourself | Are other people’s messages handled respectfully? | Keep the clone private; do not expose what others wrote |
| Another living person | Have they agreed? | Get clear, informed permission; stop and delete if they object |
| Someone who has died | Would they, and their family, be comfortable? | Respect known wishes, talk to close family, use material you have the right to use |
Memory Clone asks which of these situations applies when you create a clone and requires you to confirm that you have permission or another lawful right to use the materials.
Cloning a living person: permission first
Our Acceptable Use Policy requires permission before you create a clone of another living person. Good permission is:
- Informed: they understand what an AI clone is, which messages will be used, and that replies are generated by AI.
- Specific: it covers this use, not a vague “do what you like with our chats”.
- Freely given: no pressure, especially in relationships with an imbalance of power such as employer and employee.
- Revocable: if they change their mind, you stop using and delete the clone.
A short written message (“Yes, you can make a private AI clone from our WhatsApp chats”) is a simple way to keep a record.
Cloning someone who has died
Legal protection for the data of people who have died varies widely. The EU’s GDPR, for example, does not apply to the personal data of deceased persons, but it lets individual countries make their own rules, and some do. Elsewhere, rights such as personality or publicity rights may continue after death, usually focused on commercial use of a name or likeness.
Ethics often matter more than law here. Ask yourself:
- Did the person ever express views about privacy, AI or how they wanted to be remembered?
- How would their partner, children or parents feel? Have you talked to them?
- Are you using your own conversations with them, rather than accessing their private accounts?
- Is the purpose private remembrance, not publicity or profit?
If you are unsure, our guide on talking to a loved one who died with AI may help you think it through.
Other people inside your chats
Even a clone of yourself is built from conversations that include other people’s words and personal information. Many data protection laws, including the GDPR, have an exemption for purely personal or household activities, which may cover private use on your own computer. Sharing or publishing outputs could fall outside that exemption.
Memory Clone is designed to help: it treats each relationship as a boundary, so a clone talking as one contact should not disclose private facts learned from another. Still, the safest practice is simple: keep clones and their sources private.
Transparency: always present a clone as AI
Using an AI clone to make someone believe they are talking to the actual person can be harmful and, in many places, unlawful, for example where it is used for fraud, harassment or to obtain money or information. Regulators are also moving toward transparency rules; the EU AI Act, for instance, includes obligations so that people are informed when they interact with an AI system.
Memory Clone presents every clone as an AI simulation, and our Acceptable Use Policy prohibits impersonation and deception.
Uses that are never acceptable
- Cloning someone to harass, threaten, stalk or humiliate them.
- Sexual content involving a real, identifiable person without their explicit consent, or any content involving minors.
- Impersonating a person to deceive others, including family, employers or banks.
- Creating a clone of a child. Memory Clone is for adults aged 18 and over.
A practical consent checklist
- I know which situation applies: myself, a living person, or someone who has died.
- For a living person, I have clear permission and they know they can withdraw it.
- For someone who has died, I have considered their wishes and spoken to close family where appropriate.
- I am using material I have the right to use, such as my own conversations.
- I will keep the clone private and never present it as the real person.
- I have read the Acceptable Use Policy and the AI Transparency Notice.
This page is general information, not legal advice, and laws differ between countries and change over time.
Frequently asked questions
Is it legal to make an AI of my ex from our chats?
Cloning another living person without their permission is not allowed under Memory Clone’s Acceptable Use Policy, and depending on use it may also break the law. Ask for permission, or do not do it.
Do I need permission to clone a dead relative?
Laws vary by country and many do not require formal consent, but respecting the person’s known wishes and talking to close family is the ethical starting point.
Can I share my AI clone with others?
Clones are meant for private use. Sharing outputs can expose other people’s information and may require their consent.
Is cloning my own writing legal?
Using your own messages for a private clone is the clearest case, but remember your chats also contain other people’s messages.
Is this legal advice?
No. It is general information. For a specific situation, consult a qualified lawyer in your country.
App menus change over time, so labels on your device may differ slightly. Memory Clone creates an AI simulation from the material you provide; it is not the person.