Review article
Image Recordings as Personal Data
Ivan Vukušić
; Pravni fakultet Sveeučilišta u Splitu, Split, Hrvatska
Abstract
The paper focuses primarily on photography by analysing it through the notion of personal data and the admissibility of data processing as understood by the documents in force of the European Union and the Council of Europe. Since unauthorised use of photography can impair the right to privacy, it is necessary to analyse the privacy boundaries in accordance with the European Court of Justice and the European Court of Human Rights. In addition, the paper analyses the reach of Art. 144 of the Criminal Code on unauthorised image recording and Art. 146 on the unauthorised use of personal data as a criminal offence that protects photography as personal data but also the right to privacy as these offences are found at the head of the criminal offences against privacy. It is pointed out that there is a need to amend the provisions of the Criminal Code in order to revive the privacy standards established by European courts.
Keywords
unauthorised image recording; unauthorised use of personal data; European law; punishable actions
Hrčak ID:
253352
URI
Publication date:
14.12.2020.
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