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Hildebrandt publishes chapter on ‘Grounding Computational Law’ in legal education and professional legal training

 18 Dec 2023

COHUBICOL’ s Mireille Hildebrandt has contributed a chapter in the recently published Research Handbook on Law and Technology (Edward Elgar Publishing, 2023). The chapter, entitled ‘Grounding computational ‘law’ in legal education and professional legal training’, discusses how we can devise learning objectives and teaching approaches that contribute to critical engagement with computational legal technologies and calls for effective scrutiny of such technology in legal research and practice.  

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Hildebrandt reviews Matsumi and Solove’s paper on The Prediction Society

 1 Dec 2023

Daniel J. Solove, Professor of Intellectual Property and Technology Law at the George Washington University Law School - and one of the global thought leaders on privacy matters - and Hideyuki Matsumi, a doctoral researcher of the Law, Science, Technology and Society Research Group at the Vrije Universiteit Brussel (LSTS), have co-authored the paper ‘The Prediction Society: Algorithms and the Problems of Forecasting the Future’.

In their paper they state that algorithmic predictions are types of inferences that current privacy and data protection laws fail to adequately address. They argue that the use of algorithmic predictions is a distinct issue warranting different treatment from other types of inference and they further examine the issues laws must consider when addressing the problems of algorithmic predictions.

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Hildebrandt stresses the need to steer free from harm-approach in response to keynote of professor Nadya Purtova at the Beyond Data Protection Conference

 3 Oct 2023

On 22 September Professor Hildebrandt presented her reply to the keynote of Professor Nadya Purtova, during the international Beyond Data Protection Conference at Utrecht University (based on Purtova’s ERC project). Hildebrandt discussed the need to steer free from the harm-approach to fundamental rights impact assessments, reminding the audience that the Court of Justice of the European Union takes a violation-approach. To establish a violation we need not prove harm. Fundamental rights are part of international constitutional law, and the approach to assessing potential impact should not be framed on e.g. tort law (where harm caused is a condition) or on utilitarian ideology (based on the harm-principle and cost-benefit analyses). Whereas Anglo-American legal theory is ‘marinated’ in a utilitarian approach, European legal theory takes the violation of rights seriously as an independent criterion for fundamental rights impact assessments. Hildebrandt also recalled the fact that the GDPR protects not only data subjects, but - as stipulated in art. 1, 24, 25, 32 and 35 - requires that controllers foresee potential impact for natural persons. 

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