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Summary Data Science Regulation & Law part 1
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Lecture 1. Introduction To Law and Data SciencePrivacy
NS: pillar that where filming people passing by, did it comply with the privacy rules? If
someone stopped it could identify someone’s characteristics. People were unaware that
they were filmed, how to secure it?
OV chipcard, anonymous travels couldn’t get discount on travel so only rich people could
afford it.
Who owns the intellectual property? Example if you have a car, is it you, someone who
lends your car or even the company who sells the cars or the manufacture?
Clarifying some concepts
Rights
Absolute rights and relative rights
Absolute rights: Rights that can be exercised against all other people (e.g. property right ) if
you own a house, you have all the rights to whom you want to sell the house.
Relative rights: Right that can only be exercised against one or more determined (specific)
persons (e.g. Loan, only people who agreed to bind with the contract)
Objective and subjective law/rights
The law (objective); my right(subjective) – e.g. free speech.
(Object of law refers to the principles and foundations that exist independently of the application of
the principles, whereas subject of law or rights refers to the application of the objective principles to
a given situation which may differ from case to case so for example the right to freedom of
expression the right itself is an objective right everyone has the right to freedom of expression
however its application and its extent will differ from one case to the next so for example depending
on what country you're in but generally everyone has the right to freedom of expression however
some countries also have laws with regards to hate speech now if what you say amounts to hate
speech you can incur penalties fines even imprisonment for that but can you see that that is a
limitation to your freedom of expression so objectively if you have the right to freedom of
expression but in its application can you see that it is not absolute in that it can be limited when we
need to have regard to other rights and this is actually what happens with human rights is a lot of
those rights are not absolute we refer to this later their relative in their application the objectivity
applies to the fact that well everyone has the right to freedom of expression but the subject of
element comes in in terms of when it's actually applied so yes you have the right to freedom of
expression but it can be limited in certain circumstances)
Law
Purposes and functions
The law consists of norms regulating human behavior and rules that organize the state.
Establishing standards
Maintaining order
Resolving disputes
Protecting liberties and rights
Moral norms vs legal norms.
(Example of rape, the rape was defined as penetration of vagina)
1
,Rule of law vs rule by law
Rule by law: situation referred to the past situation when you had monarch (king and
queens, they made rules that people had to obey by) .
Rule of law: refers to the situation whereby governance of a country is carried out 3
separate and independent branches, but which are accountable to each other so as to avoid
the aforementioned abuses.
Constitutional democracy 3 branches that work independently of each other:
Judicial function(court): adjudicates disputes, deciding how a disagreement should
be settled.
Legislative function (parliament): make the law, determine the scope of judicial
function, set the sentence.
Executive function (government included police): ensure, first, that the disputing
parties submit to adjudication in the first place, and second, that they actually
comply with settlement eventually reached through the judicial process.
All above checks and balances.
Legislature can’t make law
against constitution.
They function independently.
The legislature cannot influence
necessarily the court's decision
in any way, but they can set the
scope for a crime.
the relationship between the
two they are completely
independent but at the same
time they do hold each other
accountable by being able to
exert some level of kind of
accountability in these
circumstances.
Principles and rules
Principles are at a higher level of abstraction then rules. They form the background of legal
rules and can be used to interpret, to complete or to correct legal rules.
Are all rules legal rules?
E = mc2
The bishop may move as far as it wants, but only diagonally.
It is not allowed to bring food and drinks into the lecture room.
Legal rules : judge made (in verdict, or a decision that the judge comes to) or by
legislator/parliament (in codes)
2
,Sources of law and hierarchy (in order to the higher power)
1. Treaties
Bind states that have signed and ratified/agreed them
2. Legislation (including the constitution) laws that are made by parliament
Imposes legal norms on those within the jurisdiction (area, scope, country).
3. Case law/ judicial decisions
Judges making decisions, creating the case laws that will apply in the future.
4. Customary law (requires 2 things, 1. a habit of acting in one way ; norm. 2. Shared
opinion ) marriage?
In the absence of written law
Legal domain
Private law
Relationships between private individual individuals or legal entities companies , two
parties no one is necessary a prosecutor, but you have someone who leads.
Public law
States and relationships with people or private entities
Criminal law
Public law, covering crimes , public prosecutor
Different actors in different legal domains e.g. public prosecutor (employed by state, trying
to prove that someone is guilty)
Different roles of same actor in different legal domains e.g. active (identifying the player
plays wrong with blowing the whistle), or passive role of a judge (situation when the players
have to refer something to the judge, review the decision, for example in the court
screaming objection)
Interpretation and argumentation
Civil law system: judge must apply the law
The law needs to be interpreted
Interpretation law methods
Grammatical / linguistic interpretation: literal meaning (dictionary definition)
Historical interpretation: using the legislative history, to reveal the intent of the
legislator.
Systematic interpretation: considering the broader context of the legal framework in
which a provision is listed.
Teleological interpretation: focus on the purpose of the law
Argumentation
Judge must provide argumentation of the verdict, rational bases:
Legal equality : same cases should be treated in the similar way
Legal certainty: judges be guided through the decisions, how law could be apply in
the future.
3
, Legal reasoning
The crucial point is whether a solution ca be justified based on law, prevents
arbitrary decisions of the judge
Major : if A is present then B follows (legal norm) A represents the facts and B legal
effect or conclusion.
Minor : A is the case (facts)
Conclusion: B (legal effects)
Note: When analyzing the cases we have to look at the sections of a certain allegation, in
case of theft we look who and when someone is seen as a thief. Then look up all the
necessary definitions as property, and things. Since data is not tangible it is not seen as
stealing.
Analogy; a similarity in some respects between things that are otherwise dissimilar
(why law applied on one should be applied on the other case)
Verdicts regarding: electricity and source code ( did not exist at that moment)
On the basis of the criteria for electricity it might be property/thing.
A contrario: denotes any proposition that is argued to be correct because it is not
disproven by a certain case.
If the legislator wished to say something, he would do expressly.
Applied to the previous example.
International and EU law
Jurisdiction
The official power to make legal decisions and judgements
Can have a different outcome depending on where the dispute arises
Very important to know which rues are applicable
Notes: English law contract is very well developed so it’s used in a lot of countries event
outside the England.
Not always easy in internet environment:
o Dematerialization : idea we move from offline tangible to online intangible
environment.
o Internationalization : many transactions are happening across boarders
(online)
Example: Netherlands is most of the tax-free country.
EU law
Primary law: treaties
Secondary law decision, directive, regulations (recommendations opinion based on
treaties)
“a directive is distinct from a decision or a regulation. While a regulation is applicable in
Member States’ internal law immediately after its entry into force, a directive must first be
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