Ignacio Cofone’s book “The Privacy Fallacy” is the starting point for a methodological discussion about how the notion of privacy is approached by law. It is distinguished between law as a practice and law as science. The first is a technique of conflict resolution, while the latter derives empirically testable hypotheses from a theory. In “The Privacy Fallacy” we find both. Epistemological problems arise when the two approaches are not analytically separated. This discussion is guided by the article ‘What do privacy scholars maximize? – Law as a practice and law as a science’, written by prof. Heine.

For the link of the publication of the article mentioned above, please click here.

To get a better understanding of the fundamental problem that economic analysis of law has with autonomous decision-making, different routes for solving the problem are scrutinized. The analysis shows that the toolbox of Law and Economics does not yet provide a clear answer. Doctrinal law can also give no conclusive answers. Instead, this contribution proposes taking a closer look into legal history. The recourse to legal history can neither replace theory, nor can legal rules from the past be transplanted to the present. Yet, a look into legal history can provide fresh ideas on how to deal effectively with the challenges of autonomous decision-making. This podcast is guided by the following paper of prof. Heine: ‘Autonomous Decision-Making as a Challenge for Legal Research’.

For the link of the publication of the paper mentioned above, please click here.

The GDPR has shaken up the world for both businesses and consumers. New rights and obligations have emerged, and many revolve around various data protection requests. The recent case C-307/22 was analysed by Larisa Munteanu in a brief study that highlights how inconsistency may arise from attempted consistency, at EU level: Can "abusive requests" be both the genre and the species in certain circumstances? Should more guidelines be issued? The case note raised such questions, but also addressed the implications of the CJEU ruling in the context of data protection interpretations and several Private Law branches.

For the link of the publication of the study mentioned above, please click here.