Proceedings of the 6th International Conference on Social, economic, and academic leadership (ICSEAL-6-2019)

Legal Protection of Personal Image in Digital Relations: Leading Trends

Authors
Galina Komkova, Roman Amelin, Svetlana Kulikova
Corresponding Author
Galina Komkova
Available Online 27 May 2020.
DOI
10.2991/assehr.k.200526.056How to use a DOI?
Keywords
legal protection, personal image, digital relations, leadership
Abstract

Development of digital technologies creates new opportunities for obtaining and using the image of a citizen without her or his knowledge. This creates serious problems in both public law and civil law relations. A study of domestic and foreign scientific legal literature shows that the content of the human right to own image remains insufficiently developed by modern legal science. Most often, the right to an image is narrowed down to protection from illegal distribution of photographs and video materials, as evidenced by both Russian judicial practice and the practice of the European Court of Human Rights. An important legal problem is the use by state bodies of facial recognition technologies (FRT). These leading technologies are useful for finding people during disasters, identifying a person in the “smart city” system, identifying offenders and tracing criminals. However, there are doubts about the constitutionality of the use of FRT both for video surveillance in the real physical world, and for identifying individuals on online services and websites, since there is no sufficient legal regulation of the use of these information technologies. This can provoke violations of the rights of citizens by state bodies and officials. A comprehensive legal regulation of the implementation of the human right to own image, as one of the components of the right to privacy, personal and family secrets, is necessary. We conclude that modern states are obliged to develop and adopt legislative measures that do not allow the use of an electronic profile of a person without his consent.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 6th International Conference on Social, economic, and academic leadership (ICSEAL-6-2019)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
27 May 2020
ISBN
10.2991/assehr.k.200526.056
ISSN
2352-5398
DOI
10.2991/assehr.k.200526.056How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Galina Komkova
AU  - Roman Amelin
AU  - Svetlana Kulikova
PY  - 2020
DA  - 2020/05/27
TI  - Legal Protection of Personal Image in Digital Relations: Leading Trends
BT  - Proceedings of the 6th International Conference on Social, economic, and academic leadership (ICSEAL-6-2019)
PB  - Atlantis Press
SP  - 382
EP  - 390
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200526.056
DO  - 10.2991/assehr.k.200526.056
ID  - Komkova2020
ER  -