Pokémon Go, Augmented Reality and privacy in Virtual Spaces
1. P O K É M O N G O , A U G M E N T E D R E A L I T Y
A N D P R I VA C Y I N V I R T U A L S PA C E S
D R A N D R E S G U A D A M U Z , U N I V E R S I T Y O F S U S S E X
15. T H E B O O N
S H E R I D A N C A S E
• Massachusetts man had
his house labelled as a
gym.
• Used to be a church.
• Goes online to complain
about the situation, his
house was visited at all
hours.
16. D O D I C H E T A L V.
N I A N T I C , I N C . E T
A L
• Class action lawsuit in
California court by Detroit
citizens.
• Claim for nuisance and
unjustified enrichment.
• “Pokéstops and Pokémon
gyms had “creat[ed] havoc”;
that Pokémon Go players
“are on our lawns . . . looking
right into our windows to
catch a Pokemon”.
17. B R E S S O L L E ,
F R A N C E
• Mayor of the city of Bressolles (North
of Lyon) issues order banning youth
congregating to play Pokemon Go.
• Claims public order and security.
Anarchic game that addicts the youth.
• “When a cafe or a restaurant owner
wants to open a business in any
French town, they have an obligation
to request prior authorization to the
mayor. The rule applies to all people
wishing to set up an activity or occupy
a space on a public property. So it
applies to Niantic as well, even
though their settlement is virtual”.
18. L A P U N TA ,
L I M A , P E R U
• Mayor issues ordinance banning
all outdoor playing of the game.
Phones will be confiscated.
• “We’re doing this for the
people, because they can’t be
hearing guys playing at all hours
in the night, waking people up.
This creates discomfort in the
population. It is also to protect
people who play, whose often
are looking at their phones and
may suffer an accident on the
road or in the sea.”
19. T H E L E G A L
Q U E S T I O N
• Can people object to their
property being used as a
gym or stop?
• Niantic offers option to
flag problems, no
indication if this is at all
working.
• This is just the beginning.
20. A U G M E N T E D R E A L I T Y I S C O M I N G
23. O U R D ATA I S A B O U T T O B E C O L L E C T E D
I N I N D U S T R I A L Q U A N T I T I E S
W H AT H A P P E N S W H E N T H I N G S G O W R O N G ?
24. W H AT H A P P E N S W H E N T H I N G S
I N E V I TA B LY T U R N N A S T Y ?
25. W H AT H A P P E N S W H E N T H I N G S
I N E V I TA B LY T U R N N A S T Y ?
N O , R E A L LY …
26. A P R I VA C Y M I N E F I E L D
H A S N ’ T PA I D
R E N T
Hates
kittens
29. L E G A L
R E C O U R S E S
• Defamation.
• Tort (e.g. nuisance).
• Right to be forgotten (right
to erasure).
• Other data protection
rights.
30. H O W E V E R …
• Defamation is lengthy and
expensive (and data may
not be defamatory anyway).
• Tort may not apply.
• 53% of RTBF requests are
denied by Google.
• Data protection only
protects data subjects, may
not cover virtual spaces.
31. M Y P R O P O S A L
• Make virtual spaces subject to
data protection.
• Data object: a place or object
designated in a database.
Data subject with related
rights to the space acquires
rights.
• Give users right to have
inaccurate data rectified,
blocked, erased or destroyed.