Pokemon GO is an augmented reality game that incorporates virtual creatures into physical space. Thus, virtual and physical space co-exist as virtual Pokémon creatures can appear anywhere, even in your neighbor’s garden. The goal of the game is to find and catch them.
The intersection of virtual and physical space prompted legal professionals to begin considering the impact of augmented reality gaming on privacy, data protection, car accidents, personal injury claims, and burglary.
Privacy and Data Protection:
Protection of personal data and privacy are among the main legal implications that must be considered as information about locations is collected, shared and stored. The protection of personal data influences the professional and social life, as well as the private life of citizens.
In Cyprus, ‘The Personal Data Processing (Protection of Individuals) Act 2001’ (138(I)2001) regulates the collection, processing and use of personal data.
Traffic accidents and personal injuries:
Since Pokémon can appear anywhere, the number of car accidents and personal injury claims increases. Pokémon GO players are so obsessed with chasing Pokémon that they are consequently less careful and tend to be more careless. Personal damages caused by the negligence or irresponsibility of the other party can be adequately compensated only if the victim immediately seeks professional legal assistance. That is, in the event that you have been injured while someone was chasing Pokémon, we recommend that you consult a personal injury attorney to receive the compensation you deserve. A Personal Injury will review your case and provide you with the best possible representation.
Trespass:
As explained, the goal of the game is to find and catch Pokémon in the real world. Consequently, players enter private property, usually without authorization, to search for Pokémon and catch them. Therefore, transfer is another important legal implication that must be taken into account. In addition to trespassing on private property, in some cases Pokémon GO players can cause damage while chasing Pokémon.
Based on article 43 of the Civil Injuries Law (Cap. 148), “trespassing of real property consists of the unlawful entry or any damage to or unlawful interference with said property by any person”. In other words, entering private property without permission and/or causing unlawful damage to any private property. As a result, Pokémon Go players comply with the Law since playing Pokémon Go does not include any right of access to private property without prior authorization.