The Standpoint for the Legal Course Onward to the Protection of Deceased Biometric Data
Abstract
Abstract. The state of the art of technology shall plays a crucial role in promoting respect for fundamental rights, including data protection. It is important to govern individuals’ personal data after their death to maintain dignity and ensure data protection as much as possible. From this perspective, the article describes the line between real-world of unique immortal characteristics, which gives eternal life, to the deceased represented in a digital form. An innovative and interdisciplinary approach with the legal reasoning applies in the research to encompasses a broader perspective, and to substantiate the theme assertion. The authors identify the problem in the General Data Protection Regulation (GDPR) that protect ‘alive’ biometric feature only, and, thus, escape to regulate biometric data of the deceased. It gives the possibility to business do not follow exact prohibition defined in Article 9 (1) concerning the processing of deceased biometric data since this provision disregard data after the death. While the GDPR does not apply to the personal data of deceased persons, there is a debate on whether it should. Considering this GDPR weakness, the research article seeks to propose solution through the need in a European Union (EU) law that will govern biometric data of the deceased according to the technological, philosophical, and biological grounds. Accordingly, the EU lawmakers shall take towards measures for the normative connection between ‘life’ data of the natural persons and biometric data of the deceased for the best personal data protection.
Keywords: individual; personality; life; dead; identification; biometrics; personal data; human dignity; General regulation of data protection; European Union.
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