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Publisher: Queen's University, Belfast (Total: 1 journals) [Sort by number of followers]

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	European J. of Law and Technology (Followers: 20)

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European Journal of Law and Technology
Number of Followers: 20

This is an Open Access Journal

Open Access journal
ISSN (Print) 2042-115X
Published by Queen's University, Belfast

[1 journal]

Putting the Right P in PIMS: Normative Challenges for Protecting
Vulnerable People’s Data through Personal Information Management Systems
- Authors: Stanislaw Piasecki, Jiahong Chen, Derek McAuley
  Abstract: An increasing number of vulnerable individuals live within smart homes. Personal information management systems (PIMS) are a type of privacy enhancing technology (PET), which could help in safeguarding and managing their data more efficiently within a smart home context, thereby improving compliance with data protection law. Using PIMS for protecting vulnerable people’s personal data, however, may raise questions regarding the normative justifications for this technological approach. The extra care and support owed to individuals with vulnerabilities may tip the balance in some theoretical debates, such as ‘privacy as confidentiality vs privacy as control’. By further examining these debates in the context of IoT devices used by vulnerable people, it is shown that while edge-computing PIMS hold promise for enhancing privacy protection for vulnerable data subjects, designers of these systems need to consider carefully the implications of implementing different privacy paradigms.
  PubDate: 2022-12-30
  Issue No: Vol. 13, No. 3 (2022)
Technology-related Risks to the Right to Asylum: Epistemic Vulnerability
Production in Automated Credibility Assessment
- Authors: Frida Alizadeh Westerling
  Abstract: This paper examines the risks that artificial intelligence may incur for the enjoyment of the fundamental right to asylum. It examines at a theoretical level how understandings of digitally acquired data produce vulnerability in the asylum procedure. The EU Commission’s draft AI Act has been criticised for having a weak understanding of fundamental rights, although this regulation aims to minimise risks to such rights when AI systems are used. The paper attempts to provide the missing understanding of the negative implications that AI can have for the right to asylum. This analysis is pivotal if we want to implement the safeguards proposed in the AI Act in a meaningful way. The paper argues that the way of giving meaning to digitally acquired data is something of an implicit and collective practice that is characterised by overconfidence in such data. This may in practice lead to a heightened burden of proof on the asylum applicant.
  PubDate: 2022-12-30
  Issue No: Vol. 13, No. 3 (2022)
Self-Sovereign Identity and Guardianship in Practice
- Authors: Sterre den Breeijen, Gijs van Dijck, Tobias Jonkers, Rieks Joosten, Katja Zimmermann
  Abstract: With Self-Sovereign Identity (SSI) technologies, individuals use electronic ‘wallets’ to collect information (‘credentials’) from various parties about themselves and present this information to (possibly other) parties. The context in which the information is presented, or used, is often different from the context in which a credential with this information is created and issued. In this paper, we illustrate this with financial guardianship, which is created by a judge in an official court procedure and which gives the guardian rights and duties that can or need to be invoked vis-a-vis a party not being the court. In this illustration, we explore (i) the application of SSI in the context of financial guardianship, (ii) what is characteristic about the gap between the practical (legal) and technical perspective, and (iii) what needs to be done to overcome the challenges. We observe gaps between the legal and technical reality. We offer insights into how to advance the application of SSI in the context of financial guardianship, and possibly beyond, which may be taken up in future research.
  PubDate: 2022-12-30
  Issue No: Vol. 13, No. 3 (2022)
Transitioning Simulated Client Interviews from Face-to-Face to Online:
Still an Entrustable Professional Activity'
- Authors: Paul Maharg, Angela Yenssen
  Abstract: Abstract This article is an analysis of what is still a relatively new educational method in law schools, namely the use of simulated clients (SCs) for learning and assessment in legal education. We outline the method and its origins, give a brief history of it in law schools to the present, and then focus on two modalities of the method, namely the face-to-face client interview and the online client interview. We discuss two instances of SC use, namely the adaptation of the method in professional education across four provinces in Canada; and the use made of the method by one law school in the province of Ontario, Canada. We discuss the social and educational contexts of the two modalities and relate it to other literatures emerging from the experiences of pandemic learning in higher eduction (HE). Finally, we draw some conclusions in the light of wider considerations of simulation, digital simulation, and the future of experiential education.
  PubDate: 2022-12-30
  Issue No: Vol. 13, No. 3 (2022)
The Coming of Age of Legal Technology
- Authors: Kees (C.) van Noortwijk, Richard De Mulder
  Abstract: Many useful applications have been developed over the years for legal research and documentation. Technical opportunities are more extensive than they were two or three decades ago. Legal sources are certainly more accessible now and more diverse. Documents no longer consist of fixed series of characters only but may interact with their users. Computer applications for legal practice, part of the broader ‘Legal Tech’ concept, are gaining popularity amongst lawyers. It is, therefore, interesting to examine what the present possibilities of Legal Tech are now, and also what the future may hold. Application types can be distinguished by the complexity (‘intelligence’) of the processing involved and by the degree of influence a user has on the output. Decision support systems and programmed decision systems can be quite intelligent but differ in the degree of user input. For the fully intelligent programs that do not require much user input, there is the question of explainability. To ‘feed’ as well as assess these programs, jurimetrics research is necessary. Jurimetrics is the empirical, usually quantitative, study of law. By means of jurimetrics research, legal decisions can be analysed and predicted. Given all this, can computers already take over decision-making in the field of law' Although building (‘artificially intelligent’; ‘robot-’) applications containing self-learning algorithms is in itself possible these days, that does not mean these programs can match human decision-making or sufficiently explain and justify attained results. As it is a function of the law not only to build on existing legal dogmas but also to keep in step with developments in society, decisions may be needed that are essentially different from those taken in the past. Legal decision-making is a creative process that requires emotional skills. At present there are still technological limitations as well as numerous practical and theoretical problems to really replicate human decision-making. To overcome these, we argue that a new phase of technological development would be necessary, offering fundamentally new possibilities. For the foreseeable future, therefore, the conclusion must be that handing over legal decision-making to computers is not desirable.
  PubDate: 2022-12-30
  Issue No: Vol. 13, No. 3 (2022)
Technology and Regulatory Disconnect
- Authors: Abhilash Nair
  PubDate: 2022-12-30
  Issue No: Vol. 13, No. 3 (2022)