Lost in the Metaverse - Navigating Privacy Challenges in the Jurisdiction of Virtual Worlds

Sammanfattning: The Metaverse consists of a set of emerging technologies that could be as disruptive as the internet, enabling seamless integration of our digital and physical lives. While offering a wide array of exciting application areas, the technologies also allow for intrusions on our privacy at a higher level than has ever been possible. The data collection, analysis, and processing facilitated by Metaverse technologies could be leveraged to manipulate individuals at far deeper levels than currently possible, challenging the privacy rights granted to individuals under the ECHR. Against this background, this thesis examines how the technologies of the Metaverse could affect the conceptualization of the right to privacy. The analysis revealed that Metaverse technologies create several privacy concerns, particularly regarding psychological integrity, biometric data collection, and surveillance of physical spaces. These observations highlight the need to adapt the notion of privacy to account for the unprecedented possibilities of virtual privacy violations facilitated by Metaverse technologies. Additionally, Metaverse technologies enhance the opportunities for virtual human rights infringements, which risks leading to a complex jurisdictional situation. Thus, this thesis investigates the applicability of the ECHR jurisdiction criteria to virtual human rights violations occurring beyond a state’s territorial borders. Current models for defining jurisdiction are inadequate for such virtual human rights violations. Physical borders are no longer barriers to committing human rights violations when technology allows states to control the rights of individuals remotely. There is a need to revise jurisdictional models to account for the complexities of human rights in a digital context. Thus, the thesis proceeds to address alternative models for defining jurisdiction, though they are still subject to criticism. Therefore, there is a need for further research on whether jurisdiction remains an appropriate threshold for safeguarding human rights in a digitalized society. In conclusion, this thesis sheds light on the need for an adapted notion of privacy to effectively address the challenges of Metaverse technologies. Additionally, the thesis highlights the need to re-examine traditional jurisdiction models in the context of virtual human rights violations.