COMPARATIVE ANALYSIS: IMAGE RIGHTS UNDER DATA PROTECTION VS. PERSONALITY RIGHTS

This comparative analysis explores two predominant legal frameworks for regulating image rights: as personal data under data protection laws and as personality rights under civil law. The data protection approach—exemplified by the GDPR—treats images as identifiable personal data, emphasizing consent, processing limitations, and data subject rights. In contrast, the civil law tradition, grounded in personality rights, protects image rights as an extension of personal dignity, autonomy, and control over one’s likeness. The analysis highlights key doctrinal and practical differences, including the scope of protection, enforcement mechanisms, and applicability in digital contexts. It also discusses the implications for regulatory design, particularly in response to emerging challenges posed by AI, facial recognition, and social media. The study underscores the need for integrated legal approaches that reconcile informational privacy with human dignity to ensure comprehensive protection of image rights in both online and offline environments.