Work

I nuovi segni identificativi della persona: problemi giuridici della biometria

Year: 2010
Type: dissertation
Abstract: The object of this research is studying legal problems of biometrics. Biometric is a science regarding the automated use of physiological or behavioural characteristics to determine or verify identity. The first chapter analyses the functioning of biometric systems, from a technical point of view. Therefore, the legal research is carried out, through two principal lines. Firstly, because of biometric information is extracted from human body, starting from the traditional legal definition of it, some fundamental rights of human body are studied, in particular right to identity and right to integrity. On one side, it has been considered how these rights are taking a wider and wider connotation; on the other side, the same concept of human body is changing, if it is considered the great amount of personal data on human body stored in databases. A “new body” is taking form, defined “electronic body”. Exactly, in the field of biometrics, human body is used as a password. The transformation of human body in an “electronic entity”, determines the passage from “habeas corpus” to “habeas data”. In other words, if human body is becoming more and more a “flow of data”, the subject has a right of self determination on informations about his own body. Secondly, after having examined relation between body and biometrics, identity and biometrics, and, finally, information and biometrics, it has been studied the problem of legal nature and legal treatment of biometric data, considering the decisions of Italian Authority for protection of personal data. It has been considered European dimension too, and then the experience of two important states, United Kingdom and France, to understand their approach to biometrics.
Language: English
Subfield: Law
Open Access status: green
OpenAlex ID: W29562841
Cites: 57
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Related to: 10