Legal Regulation of the Use of Biometric Technologies by Government Authorities

To date, in Russian civil law science, there are relatively few studies of the civil law theory of the application of protection of the rights of citizens, their personal non-property interests in cases of the use of neurotechnologies with the functions of self-processing of information against them. A comprehensive legal study of the current state of implementation and protection of the right of a citizen to use and process his image obtained through neurotechnologies, regardless of the consent of the citizen himself, was carried out. The features of protecting the right of a citizen to his own image in cases of application of facial recognition technologies to a citizen have been established. In the conclusion of the work, the conclusion was formulated about the need to develop in practice a mechanism for compensation for moral damage to citizens whose personal non-property rights and interests were violated as a result of an algorithmic error or other forms of incorrect operation of face recognition technology applied to a citizen by decision of state authorities or other persons.

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Publication Details

Journal
Court administrator
Published
2024-10-17
DOI
https://doi.org/10.18572/2072-3636-2024-4-25-28
Primary Topic
Digital Transformation in Law
Type
article
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article

Legal Regulation of the Use of Biometric Technologies by Government Authorities

Natalia Yu. Chelysheva
Court administrator
Digital Transformation in Law
article

Legal Regulation of the Use of Biometric Technologies by Government Authorities

Natalia Yu. Chelysheva
article en

Abstract

To date, in Russian civil law science, there are relatively few studies of the civil law theory of the application of protection of the rights of citizens, their personal non-property interests in cases of the use of neurotechnologies with the functions of self-processing of information against them. A comprehensive legal study of the current state of implementation and protection of the right of a citizen to use and process his image obtained through neurotechnologies, regardless of the consent of the citizen himself, was carried out. The features of protecting the right of a citizen to his own image in cases of application of facial recognition technologies to a citizen have been established. In the conclusion of the work, the conclusion was formulated about the need to develop in practice a mechanism for compensation for moral damage to citizens whose personal non-property rights and interests were violated as a result of an algorithmic error or other forms of incorrect operation of face recognition technology applied to a citizen by decision of state authorities or other persons.

Court administrator
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Digital Transformation in Law
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