RECEIVING COMPENSATION FOR MORAL HARM CAUSED BY THE DISTRIBUTION OF A DEPFAKE CREATED USING PERSONAL DATA

2026

Closed access Metadata (CSL-JSON)
DOI 10.52026/2788-5291_2026_81_2_16
Data confidence 70 medium
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Abstract

This study aims to develop a procedure for seeking compensation for non-pecuniary damage caused by the dissemination of a deepfake created using the victim's personal data. In the Republic of Kazakhstan, there is no specific category of court cases for such claims. Therefore, the authors of this study have examined the procedures for handling cases related to the protection of honor and dignity and cases involving compensation for non-pecuniary damage caused by the leakage of personal data. In this study, a quantitative analysis of these cases was conducted, and a sample of the most relevant cases was selected, followed by a review of the court decisions in each selected case. The result was an algorithm of actions taken by the subject of personal data in order to receive compensation for the moral suffering he had endured. It includes the collection of evidence; the submission of a claim to the owner of the information resource as part of pre-trial regulation; the filing of a lawsuit for compensation for non-pecuniary damage; and the enforcement of a court decision. The authors have addressed the issues that may arise at each stage of this process and proposed solutions. Additionally, this article identifies factors that may alter the presented procedure. The results of this study are intended for individuals who have been affected by the publication of a deepfake created using their personal data, but do not have sufficient legal training to choose the appropriate course of action when seeking compensation in court.