Video-Based AAL and Intimate Pictures - Criminal Liability in European, Irish, and Polish Law.

Abstract

Active and Assisted Living (AAL) technologies offer solutions for addressing healthcare challenges associated with ageing societies and a shortage of care personnel. At the same time, these technologies raise significant privacy issues, which may constitute a barrier to the sustainable adoption and acceptance of AAL. In particular, concerns arise from the presence of cameras in intimate situations, including nudity, and the potential production and dissemination of intimate pictures, which constitutes a risk for AAL users. The paper compares the regimes of criminal liability for making and disseminating intimate pictures under EU, Irish, and Polish law. The study aims to help AAL users understand their legal protection, and give providers and developers more insight into their legal responsibilities. The paper first presents different understandings of an intimate picture in each jurisdiction, followed by a discussion of what the crime entails and who may be liable for it. The conclusion includes a checklist of rules concerning criminal liability, which may be useful for AAL users and providers, and conclusions de lege ferenda.