SECURITY OF PERSONAL DATA. PART II - IDENTITY IN THE 21ST CENTURY

Abstract

The technical progress that is presently taking place makes man not only a living organism in theworld of nature, but also an avatar in the form of a package of bits in the virtual ICT space, whichis created as a result and based on his activity on the Internet. This state of affairs means that thecommonly known and used methods of identifying environmental data of natural persons havebeen extended by technologically advanced methods of marking the environmental identity ofnatural persons on the basis of annotated data attributed to them. However, identification is notlimited to living natural persons, but is also required in certain situations to establish the identityof deceased individuals. The processing of data of deceased persons is not subject to rules set out inRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on theprotection of individuals with regard to the processing of personal data and on the free movementof such data, and repealing Directive 95/46/EC (commonly referred to as: GDPR). Such data aredata about an individual. Despite the fact that in terms of content, data concerning a given personare at least identical to the personal data of a specific person during his or her lifetime, in the legalcontext their processing is carried out on the basis of provisions of other laws and regulations. Thisarticle complements the diptych bearing the common title Security of personal data, divided into2 parts: Part I – Identity specifics in the 21st century and Part II – Identification in the 21st century.