For many years, the immersive three-dimensional digital world has been left to the cinematic experience. However, the emergence of the metaverse presents an opportunity to translate everyday activities – working, attending a concert, travelling, shopping, socializing – into a parallel digital universe.
The metaverse is an abstract concept that uses a digital environment to permeate the boundaries of our physical world. Instead of reading this article, you could be immersed in it. By utilizing technologies such as virtual reality, augmented reality, and blockchain, the metaverse is able to provide elements such as 3D avatars, digital assets, and various events to support a virtual economy and facilitate social relationships.
While this concept may seem futuristic, certain aspects of the metaverse are already here. Popular examples include a 3D virtual world platform and 3D open world game. We are also seeing major gaming companies developing their own versions of the metaverse.
Legal Considerations in the Metaverse
Just as with social media platforms, privacy issues will be at the forefront of the metaverse as it develops and begins to gain widespread traction by users. In an earlier article, the privacy issues surrounding the metaverse were discussed from a European standpoint. Here, we look at the metaverse from a Canadian perspective.
One aspect of the metaverse that raises privacy concerns is the vast amount of personal data that may be collected on participating individuals. Compared to traditional social media, metaverse platforms can track individuals in a much more intimate manner. Companies can monitor physiological responses and biometric data such as facial expressions, vocal inflections, and vital signs in real time while participants are in their metaverse. This depth of information allows companies to gain a deeper understanding of users’ behaviour, which in turn can be used to tailor advertising campaigns in an exceptionally targeted way.
Additionally, the legal implications on using artificial intelligence (“AI”) will be another aspect to consider given its prevalence in biometric technologies. In recent years, companies utilizing AI technologies have attracted the scrutiny of Canada’s privacy commissioners for the unlawful mass surveillance and collection of biometric data. Currently, Quebec is the only jurisdiction in Canada that specifically regulates the collection of biometric data.
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