Jusletter IT

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4 December 2018

Dear readers

Gabriel Jaccard and Adrien Tharin address the most important legal issues and best practices surrounding Blockchain and GDPR. The authors examine the legal challenges related to data protection when archiving personal data in a blockchain. In particular, the paper studies the question of personal data when it is considered anonymous, pseudonymous or encrypted on a blockchain.

In addition, Christine Möhrke-Sobolewski discusses data protection in the development of artificial intelligence. She explains how data protection serves as best practice for risk minimization and what prospects the European legislation offers for companies and affected parties.

In the second part, Ursula Sury, Lukas Huber, Adrien Alberini, Dieter Kesper, Lukas Abegg, Stefan Bodenski and Reinhard Riedl give an overview of the existing solutions and the current technological possibilities in the legal system in the context of this year’s 14th Conference on Computer Science and Law focussing on «Secure digital work in the legal system». In the course of the digitalisation of society and economy, modern technologies become increasingly prevalent in the legal system. Keywords such as LegalTech, Blockchain, Cloud Computing or the use of algorithms are omnipresent. Even unspecific and widespread tools such as e-mail or messenger are used in everyday judicial practice. The presentations are published in the form of citable podcasts.

  • Ursula Sury, Sichere elektronische Kommunikation aus Sicht der Anwaltschaft 
  • Lukas Huber, Sichere elektronische Kommunikation aus Sicht der Gerichte
  • Adrien Alberini, Nutzung von Cloud Lösungen: Regulatives Umfeld aus Sicht der Anwaltschaft
  • Dieter Kesper, Einsatz von künstlicher Intelligenz in der Strafuntersuchung
  • Lukas Abegg, Übersicht der digitalen Arbeitswerkzeuge im Rechtswesen
  • Stefan Bodenski, Erweitert «Augmented Reality» den Blick auf den Justizarbeitsplatz der Zukunft?
  • Reinhard Riedl, Sicheres digitales Arbeiten im Rechtswesen – Fazit und Schlusswort

 

We hope you enjoy reading, listening and watching this issue!

Erich Schweighofer and Franz Kummer

    Datenschutz

    • Gabriel Jaccard / Adrien Tharin

      GDPR & Blockchain: the Swiss take

      The following paper addresses the main legal questions & best practices surrounding blockchain and GDPR. The Authors examine the legal challenges of storing personal data on a blockchain in a manner that complies with data protection regulation. In particular, the paper studies the question of personal data when it is considered anonymous, pseudonymous or encrypted on a blockchain. Further, it stresses the need for a legally efficient identity layer on the blockchain and digital systems in general. Finally, the paper addresses the question of the recognizability of the data controller & data processor within a blockchain ecosystem. read on
      • Category: Articles
      • Region: Switzerland, EU
      • Field of law: LegalTech, Data Protection
    • Christine Möhrke-Sobolewski

      KI: Privacy Impact Assessment als Mittel zur Risikominimierung?

      Artificial intelligence (AI) requires data protection – a plea for the efficient use of data protection impact assessments in the development of artificial intelligence. The following article deals with different aspects of artificial intelligence: After an introduction to criticism, myths and public opinion on AI projects (I), some serious data-based risks for companies and other affected individuals are explained (II). Finally, it is discussed how data protection as best practice ultimately serves to minimise risks and what prospects the European legislation offers for companies and affected individuals (III). (kg) read on
      • Category: Articles
      • Region: EU
      • Field of law: Artificial Intelligence & Law, Big Data, Open Data & Open Government, Data Protection

    • Rechtstheorie

    • Georgios Giannoulis

      (Un-)Verzichtbare Prinzipien der klassischen Logik im Strafprozessrecht

      The opinion – prevalent in German practice and doctrine – that the proportionality of pre-trial detention is not a positive precondition for detention, but that its disproportionality is a reason for exclusion from detention, has been criticized for being incompatible with classical logic. This criticism can be attenuated with the help of intuitionistic logic, in which the double negation elimination rule does not apply. If, however, the intuitionistic reconstruction of criminal procedural argumentation were to be generalized, then logical principles and rules could not apply in other contexts, in which they are indispensable. read on
      • Category: Articles
      • Region: Germany
      • Field of law: Criminal Law, Legal Theory

    • Podcasts

    • News

    • Jurius

      The taste of a food product is not eligible for copyright protection

      CJUE – The taste of a food product cannot be classified as a «work». (Judgment C-310/17) read on
      • Region: Netherlands, EU
      • Field of law: IP Law
    • Jurius

      Liability of the owner of an internet connection used for copyright infringements through filesharing

      CJEU – The owner of an internet connection used for copyright infringements through filesharing cannot be exonerated from liability simply by naming a family member who might have had access to that connection. Rightholders must have at their disposal an effective remedy or means of allowing the competent judicial authorities to order the disclosure of necessary information (Judgement C-149/17) read on
      • Region: Germany, EU
      • Field of law: IP Law
    • Jurius

      Access to personal data in case of not severe criminal offences

      CJEU – Criminal offences that are not particularly serious may justify access to personal data retained by providers of electronic communications services provided that that access does not constitute a serious infringement of privacy. (Judgement C-207/16) read on
      • Region: Spain, EU
      • Field of law: Data Protection, Criminal Law
    • Jurius

      «Sympto» app considered to be a medical device

      FAC – An app designed to measure the fertility of the woman using it by analysing personal data is considered to be a medical device, and must be evaluated in order to make sure that it conforms to the necessary standards before being sold in Switzerland, the Federal Administrative Court (FAC) has ruled. (Judgement C-669/2016) read on
      • Region: Switzerland
      • Field of law: Health Law
    • Jurius

      Joint statement welcoming the vote on the new EU telecoms rules

      Today the European Parliament voted in favour of establishing a European Electronic Communications Code and a body of European regulators for electronic communications, as proposed by the European Commission in September 2016, as part of the Digital Single Market strategy. Vice-President for the Digital Single Market Andrus Ansip and Commissioner for Digital Economy and Society Mariya Gabriel welcomed the outcome in a joint statement: read on
      • Region: EU
      • Field of law: Telecommunications law
    • Jurius

      Digitalisierung der Rechtsbranche

      The Federal Government has committed itself to emphatically promote digitalisation in the legal system. (kg) read on
      • Region: Germany
      • Field of law: LegalTech
    • Jurius

      Bundesrat heisst Eckwerte für die E-Government-Strategie Schweiz 2020–2023 gut

      On 14 November 2018, the Federal Council approved the cornerstones for the Swiss eGovernment Strategy 2020–2023 drawn up by the interfederal organisation eGovernment Switzerland. By accepting the «Digital First» mission statement, it emphasizes the importance of the electronic channel, through which the administration will primarily offer its information and services in the future. (kg) read on
      • Region: Switzerland
      • Field of law: E-Government

    • TechLawNews by Ronzani Schlauri Attorneys

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