Pokémon and Legal Implications
Pokemon GO is an augmented reality game that incorporates virtual creatures into physical space. Thus, virtual and physical space coexist as virtual Pokémon creatures can appear anywhere, even in your neighbor’s yard. The object 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, traffic accidents, personal injury claims, and trespassing.
Privacy and Data Protection:
Personal data protection and privacy are among the main legal implications that need to be considered as location information 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 Processing of Personal Data (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 negligent. Personal injuries 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 lawyer 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, often without authorization, to search for and catch Pokémon. Therefore, the 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 Insults Law (Cap. 148), “the trespassing of real property consists of the unlawful entry or any damage or unlawful interference with such property by any person”. In other words, trespassing on 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 rights to access private property without prior authorization.