Indebito utilizzo dell’immagine, quale dato personale, e tutela risarcitoria

This comment is focused on the issue of image rights, with particular reference to civil remedies and the interference with the regulation of personal data. The debate on non-pecuniary damage assumes particular prominence, where prejudice in re ipsa and deterrent-punitive function, albeit formally disavowed by jurisprudence, seem to reappear thanks to the artifice of 'presumptions'. In today's digital economy, a further salient aspect concerns the widespread and systematic misuse of the image and personal data of unknown persons, who could resort to class actions for damages.