HESA LAW JOURNAL

This article aims to engage with the scholarly debate on the introduction of a new fundamental right to cybersecurity in EU law. In particular, the legal analysis focuses on three legal challenges brought about by a theoretical framework for development of a new right to cybersecurity. They regard: i) the need for a new right Read More …

The article discusses the CJEU’s most important case law, including interpretations pre- sented in recent cases relating to data retention for both national security purposes (Privacy International, La Quadrature du Net) and the fight against serious crime (H.K). The analysis is a starting point for discussing the draft e-Privacy Regulation, in particular a controver- sial Read More …

The employment of AI systems presents challenges for liability rules. This paper identifies these challenges and evaluates how liability rules should be adapted in response. The paper discusses the gaps in liability that arise when AI systems are unpredictable or act (semi)- autonomously. It considers the problems in proving fault and causality when errors in Read More …

This article explores how the European Court of Human Rights has applied the norms of the UN Convention on the Rights of Persons with Disabilities (CRPD) in the area of mental health law. The European Court was initially receptive to the CRPD, including the UN Committee on the Rights of Persons with Disabilities’ call for Read More …

The EU General Data Protection Regulation (2016/679, GDPR) was enacted to regulate digital platforms who process excessive amounts of personal data and dominate today’s online markets. However, the Regulation has not fully succeeded in meeting this goal. This article argues that effective regulation of digital platforms should be based on understanding the data power these Read More …

In light of the dissolution of the traditional boundaries separating the fields of law, technology and society, this article puts forward an interdisciplinary norms and values approach to the study of technology law. It explains the core concepts of norms and values and their significance to legal research and other disciplines. The article further sets Read More …

This paper clarifies the conceptual space of discussion of legal insanity by considering the virtues of the ‘medical model’ model that has been used in Norway for almost a century. The medical model identifies insanity exclusively with mental disorder, and especially with psychosis, without any requirement that the disorder causally influenced the commission of the Read More …

While the concept of human-centric artificial intelligence (AI) has emerged as a key principle to govern AI systems, two obstacles for its implementation remain largely understated. First, the excessive focus on accountability at the design stage of AI systems, overshadowing the fact that human values can be affected at different stages across the AI life Read More …

With the spread of global digital services, the need to establish effective barriers to the dissemination of illegal content has also grown. Online services, instead of supporting the building of social relationships and allowing the free exchange of ideas, are increas- ingly becoming platforms for spreading hate speech or promoting extremist behaviour. The commitment to Read More …

Throughout human history, all new technology has been met with surprise, anxiety, panic, and – eventually – prudent adoption of certain aspects of specific technological advances. This pattern is evident in the histories of most technologies, ranging from steam power in the nineteenth century, to television in the twentieth century, and – now – ‘artificial Read More …