Liability For Damage Based On The Processing Of Biometric Data Through Video Surveillance Of Residential Buildings Against The Provisions Of The General Data Protection Regulation Implementation Act

Abstract

A special group of personal data is represented by biometric data. The protection of this data, in the Republic of Croatia, is provided by the General Data Protection Regulation and the General Data Protection Regulation Implementation Act. The right to one’s own figure is manifested through the biometric data of a certain person and represents a separate personality right. The right to one’s own figure can be violated by the unauthorized use of biometric data of the injured party, or, nowadays, by the frequent processing of personal data through video surveillance. The subject of the article is liability for non-property damage arising from the processing of biometric data through video surveillance of residential buildings, for private purposes, contrary to the provisions of the General Data Protection Regulation and the General Data Protection Regulation Implementation Act. The paper explores the assumptions of the liability of the injurer in the procedure for compensation for damages due to the violation of the personality rights, the criteria by which the court will be guided when determining the amount of compensation for damages and determining the extent of the damage caused to the injured party as a result of the unauthorized collection of personal data through video surveillance. The paper will try to provide guidelines for the regulation of these issues in a way that will satisfy the general, political interests and legal interests of the holders of personality rights.

Keywords

• damage; personality rights; biometric data; video surveillance; privacy