Search
Search Results
-
Technology in Legal Regulation’s Service? Efforts in the Field of Data Protection
33-45Views:184The interaction between technology and data protection is quite well-known and widely accepted in the legal literature concerning privacy protection. This essay tries to sum up the efforts to line up the technology itself to defend one’s privacy, often threated by technological development. The essay first shows the relevance of the Privacy Enhancing Technologies (PETs), and the basic concept of the Privacy by Design principle, and then analyses both the current and the proposed European legal regulation focusing on these issues.
-
Back-Door Electronic Monitoring in Hungary: Theory and Practice of Reintegrative Surveillance
30-42Views:319With the development of technology many new legal institutions were regulated in the criminal justice systems. Electronic monitoring is one of those, which from the Hungarian perspective first appeared in the form of home detention in criminal procedure law. Later on, in 2015 the technology of electronic monitoring was implemented in prison law as the institution of reintegrative surveillance. The regulation is basically appropriate and according to the experiences could be seen as effective. However, there are some related theoretical questions which need to be answered. For example, the question of widening the potential application of reintegrative surveillance, or the relation between reintegrative surveillance and imprisonment or conditional release. Answering these questions is important as presumably the technological development won’t stop on this level, thus we can expect the widening of electronic monitoring in Hungary as well.
-
Artificial Intelligence from the Viewpoint of Civil Law
28-41Views:1079The aim of this paper to examine the definition of artificial intelligence and how AI can be considered in the field of civil law. The topic is being studied by many authors around the world and they are urging the initiation of legislation. The reason is that technology is rapidly developing, but the legislation cannot cope with this. However, in order to protect individuals, it is important to have a legal assessment of artificial intelligence. As a first step, it might be helpful to define the technology from the viewpoint of civil law.
-
Review of the Book “Posted Workers in EU and Hungarian Law” by Gábor Kártyás
209-220Views:79In today’s globalized labour law, where borders, especially within the European Union, seem to be increasingly blurred, cross-border situations are becoming more common. Due to digitalisation and technology, which is evolving at a rapid pace especially in the present situation, working abroad can now be carried out without the worker actually moving away from his desk, namely not physically entering another country. In view of this, the topicality and exciting nature of the processed topic can hardly be questioned. Following a holistic approach, the reviewed book guides the readers with unique detail and provides them with a sure point of reference on the swampy ground of the posting, which is surrounded by many challenges and conflicts of interests. In our review, we will describe and evaluate the content of the monograph along these sure points of reference.
-
Law and Artificial Intelligence: New character, old solutions? (Thoughts on the book of Jacob Turner)
137-145Views:460Artificial Intelligence (AI) is one of the biggest, if not the biggest, buzzwords of the recent times. While the term was created in the 1950s, until recent times it was the domain of sci-fi writers, who tried to explore its impact on society and humanity. The recent breakthroughs in AI technology and the spread of AI based services created the need for lawmakers and legal scholars to try and tackle the problems that AI creates. Although there are a lot of publications in this area, the book from Jacob Turner stands out in the field. The author has researched the subject very well, and using this knowledge he asks and answers not only the most frequent questions, but also those questions that belong to the foundation of AI and law, and which are often overlooked. This review aims to present these questions and answers to the Hungarian public in a shorter form.
-
Smart Contracts, Blockchain Technology and the Formulation of a Proposal for Their Application in Public Administration
56-73Views:167The study focuses on smart contracts, emphasizing the opportunities provided by blockchain technology. The main research method used is an examination of relevant domestic and foreign sources on the topic, such as studies and legislation. In addition, we formulate a proposal on how smart contracts and blockchain technology could be applied in public administration, focusing on the real estate registration procedure.
-
The One Who Wanted Online Courts Before the Coronavirus: Review of Richard Susskind's New Book "Online Courts and the Future of Justice"
192-200Views:307In November 2019 Richard Susskind, who is relatively known and popular in Hungary as well, published his new book “Online courts and the future of justice” issued by Oxford University Press. The author argued rather radically for the necessity of the change of legal services in his previous books before and he has maintained this approach. This time Susskind argues for the transformation of the century-old court systems giving alternative ideas about what sort of methods and ways in which we should transform our courts in order to make judicial services available for every person indeed. As the title suggests, the core concept of the book is the realization of online courts, which has slowly become a reality amid the pandemic caused by the coronavirus. Thus, the concept of Susskind may be called even fatidical from this perspective.
-
Developing Blockchain-Based Distributed AI for Personal Data Protection
9-27Views:535The aim of the paper is to present some of the general principles of data protection law that can be applied to automated decision-making built on blockchain-based data processing in order to comply with the provision of the European Union’s General Data Protection Regulation (GDPR). The analysis focuses on the applicability of the ‘data protection by design’ principle during the development of such systems. My hypothesis is that because blockchain-based networks are built on distributed data processing operations, therefore data controlling or processing of participating nodes should comply with some abstract data protection patterns predetermined and collectively built-in during the system’s development phase. For the sake of better understanding, I presented the human mind and its ‘uploading’ with conscious and unconscious content as an analogy to blockchain-based AI systems. My goal is to highlight that the fusion of blockchain and machine learning-based AI can be a suitable technology to develop serious automated decision-making systems (so-called ‘distributed AI’). The compliance of these distributed AI systems with data protection law principles is a key issue regarding the very serious risks posed by them.
-
White Book and Strategy: AI Regulation Initiations in the European Union and Hungary
119-137Views:307Artificial Intelligence (AI), alongside green solutions and the suddenly exploding COVID-19 pandemic, is one of the most important buzzwords of the 21st century in a growing number of areas of society and economy. Despite this, the regulation of technology is still in its infancy in all parts of the world, and neither the European Union nor Hungary are exceptions. But there are already documents and proposals that will form the basis for future legislation in the aforementioned territories. This article analyses these from several perspectives, as well as comparing them with the hopeful goal of bringing them closer to each other.
-
Energy audit: EU-Law and its implementation in Germany
29-41Views:179The Energy Efficiency Directive (EED) No. 2012/27/EU establishes a set of binding measures to help the EU to reach its 20% energy efficiency target by 2020. Energy audits are an essential tool to achieve adequate energy savings (see art. 8. EED). The current study focuses on the EU legal requirement on Energy Audits and its implementation in Germany by the 2015 amended Act on Energy Services and other Energy Efficiency Measures (Gesetz über Energiedienstleistungen und andere Energieeffizienzmaßnahmen – EDL-G). The analysis is still relevant because of the infringement proceedings against Germany by the European Commission based on fragmentary transposition of the EED.
-
A Cutting-Edge” Criminal Procedure? : Some Reflections on the Modernization of Hungarian Criminal Procedure Law
11-36.Views:263The study analyses the new Hungarian Criminal Procedure Act that entered into force in the summer of 2018. One aspect of the analysis is whether certain institutions of the law fulfil the constitutional requirements of criminal procedure. The other aspect is a sociological one. The past decades have brought many new developments in the field of society, economy and technology. The study, therefore, also revolves around the question of whether the new Criminal Procedure Act provides an adequate response to these challenges. The main finding of the study is that the legislation made the first steps in the right direction, however it did not introduce all the changes that would be necessary for a fair and modern criminal procedure. Besides, the act reflects predominantly the interests of the authorities while the rights and interests of other participants of the criminal procedure are not taken into consideration with the same weight