Ідентифікація без надмірності у метавсесвіті: баланс між публічним інтересом і вимогами GDPR
Identification Without Redundancy in the Metaverse: Balance between Public Interest and GDPR Requirements

Summary/Abstract: The development of the metaverse creates significant challenges in the field of personal data protection, criminal evidence, and legal liability. In this regard, the definition of the role of avatars as digital representations of users, capable of revealing and generating biometric and inferred personal data, becomes relevant. Therefore, the purpose of the study is to analyze the possibility of applying traditional approaches to the investigation of crimes in metaverses, as well as to determine the impact of personal data protection regulation on the evidence process. To achieve this, comparative legal, systemic-structural, formallegal, and functional methods were used. The results obtained demonstrate the limitations of traditional approaches to investigating crimes because they are focused on end-device data. The need to transition to environment-oriented methods of evidence is substantiated. It is resolved that avatars are a source of complex personal data, including biometric data. The restrictive role of data protection regulation and the problem of formal user consent in conditions of platform dominance are revealed. Based on the practice of the EU, in particular the Republic of Croatia, the need for adaptation of legal mechanisms has been proven. Thus, further research is recommended to be directed towards the development of specialized tactics of evidence in the field of metauniverse, improvement of biometric data processing, formation of standards for the assessment of such evidence, and ensuring the principles of transparency, minimization, and proportionality.

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