S3: Law

In Sub-Project S3 four questions dealing with  jurisprudential technology design of UC are analyzed. These concurrently deal with context, knowledge investigation, and adaption.

The relation between self-determination, freedom of will and transparency becomes virulent in all three information-technological subjects. The protection of autonomy is a sine qua non for the personal development of the individual as well as for the social networking within a liberal communication and social  order.

Self-determination assumes freedom of will, which is up to now expressed in the three legal institutes of consent, declaration of intent and freedom of contract. These three call in turn for transparency for the decision-making process. The investigation takes place in several steps. In the beginning the essential challenges for the legal protection concepts of self-determination must be created.

In the following the existing data protection concepts for the conditions of imperceptible and automatical technical assistance are, finally, further developed to be adequate to meet the technical needs in order to deduce requirements for the technology of UC based on these concepts.

Important legal principles of data protection are under conditions of situational ubiquitous systems almost impossible to achieve. If one does not want to end between the Skylla of prohibition of these systems and the Charybdis of legal capitulation, the only way is to further develop the legal principles of data protection law in a technically adequate manner.
Therefore further investigation is necessary to determine which legal incentives are possible to integrate rules of data protection law into the technology. To hinder too much data being collected, precautionary regulations will be developed, to be realized via technology or via behavior. A specific challenge is data, which when recorded shows no relation to identifiable individuals, but after lifting the safeguards, the data can be allocated to individuals.

As well, concepts for a technically adequate further development of institutional control of data protection are investigated. Finally it is examined if and how private persons must and can be included, e.g. with regard to observing the data protection law. 

Future systems will only be legal and acceptable to the users if in case of real or potential harm or damages, it is possible to identify who or what was responsible. The requirements for the technology are examined which ensure the traceability of concrete system states for a given point of time and the suitability of technical concepts and instruments for this purpose.
Furthermore it is analyzed and assessed which suitability and which value of the evidence can be attributed to the technology systems which are designed in this way. Finally behavior and explanations are tested whether they can be attributed to persons when they are generated by adaptive systems and who is liable for partially autonomously working systems.

The "Fundamental right to confidentiality and integrity of information technology systems" newly developed in spring 2008 by the Federal Constitutional Court will decisively determine the future constitutional evaluation of technical systems besides the right to informational self-determination.This decision is reason for further scientific studies. Especially the importance of this new constitutional right for UC (in private and public law) which goes beyond the concrete statements of the court to online searches has to be worked out and finalized.

Deriving from the new constitution, the requirements for technology design are given. Finally it is investigated in how far the legal operationalizations of the requirements are necessary – as included in the data protection law for informational self-determination.