E-voting is highly suspicious to many citizens and institutions. Past pilot implementations ended before Supreme Courts and mostly not in favour of e-voting. Beside these political and legal battles regarding e-voting, postal voting seems to be commonly accepted and not in question. Motivated by a landmark ruling of the Austrian Constitutional Court in 2016, which led to the revocation of the run-off elections result due to irregularities with postal voting, this paper analyses whether current postal voting regulations and standards in Germany comply to the principles established by the latest Council of Europe (CoE) recommendation on standards for e-voting. Both voting channels are channels for remote voting, hence principles established for one channel must, in the view of the author, also be fully applicable for the other channel. This paper applies the standards set by the recommendation to e-voting to the more commonly used remote voting channel postal voting and concludes that most of these standards cannot be met.
{"title":"The Principles Established by the Recommendation CM/Rec(2017)5 on Standards for E-voting Applied to Other Channels of Remote Voting","authors":"Robert Müller-Török","doi":"10.5817/MUJLT2019-1-1","DOIUrl":"https://doi.org/10.5817/MUJLT2019-1-1","url":null,"abstract":"E-voting is highly suspicious to many citizens and institutions. Past pilot implementations ended before Supreme Courts and mostly not in favour of e-voting. Beside these political and legal battles regarding e-voting, postal voting seems to be commonly accepted and not in question. Motivated by a landmark ruling of the Austrian Constitutional Court in 2016, which led to the revocation of the run-off elections result due to irregularities with postal voting, this paper analyses whether current postal voting regulations and standards in Germany comply to the principles established by the latest Council of Europe (CoE) recommendation on standards for e-voting. Both voting channels are channels for remote voting, hence principles established for one channel must, in the view of the author, also be fully applicable for the other channel. This paper applies the standards set by the recommendation to e-voting to the more commonly used remote voting channel postal voting and concludes that most of these standards cannot be met.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42802634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Rethinking the Jurisprudence of Cyberspace. Reed, C.; Murray, A.","authors":"Dominika Galajdová","doi":"10.5817/MUJLT2019-1-6","DOIUrl":"https://doi.org/10.5817/MUJLT2019-1-6","url":null,"abstract":"Reed, C.; Murray, A. (2018) Rethinking the Jurisprudence of Cyberspace. Cheltenham: Edward Elgar Publishing, 235 p.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48566919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Tallinn Manuals (the Manuals) attempted to clarify how to apply existing international law to cyber operations. Though the Manuals are non-binding instruments, the Group of International Experts claimed that they reflected the lex lata applicable to cyber operations. However, this claim is questionable due to the dominating role of a few Western states in the drafting process and the linked neglect of the practice of “affected states” in cyber operations. This article examines the quality of the Manuals’ drafting process and the composition and impartiality of the experts involved. It focuses on the issue of the prohibition of the use of force. The aim of this examination is not to discuss whether the Manuals provided the right answer to the question of how international law applies to cyber operations. Rather, they function as a case study of how legal scholarship may affect the making of international law. The article concludes that certain rules in the Manuals are marked by NATO influence and overlook the practice of other states engaged in cyber operations. Therefore, the Manuals disregard the generality of state practice, which should be the decisive factor in the formation of customary international law. As far as “political activism” may be involved, the article argues that the role of legal scholars as assistants to the cognition of international law could be compromised.
{"title":"The Tallinn Manuals and the Making of the International Law on Cyber Operations","authors":"Papawadee Tanodomdej","doi":"10.5817/MUJLT2019-1-4","DOIUrl":"https://doi.org/10.5817/MUJLT2019-1-4","url":null,"abstract":"The Tallinn Manuals (the Manuals) attempted to clarify how to apply existing international law to cyber operations. Though the Manuals are non-binding instruments, the Group of International Experts claimed that they reflected the lex lata applicable to cyber operations. However, this claim is questionable due to the dominating role of a few Western states in the drafting process and the linked neglect of the practice of “affected states” in cyber operations. This article examines the quality of the Manuals’ drafting process and the composition and impartiality of the experts involved. It focuses on the issue of the prohibition of the use of force. The aim of this examination is not to discuss whether the Manuals provided the right answer to the question of how international law applies to cyber operations. Rather, they function as a case study of how legal scholarship may affect the making of international law. The article concludes that certain rules in the Manuals are marked by NATO influence and overlook the practice of other states engaged in cyber operations. Therefore, the Manuals disregard the generality of state practice, which should be the decisive factor in the formation of customary international law. As far as “political activism” may be involved, the article argues that the role of legal scholars as assistants to the cognition of international law could be compromised.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44789686","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On 4th of June 2019, Advocate General Szpunar delivered his Opinion in Case C-18/18 between Eva Glawischnig-Piesczek (an Austrian politician) and Facebook Ireland Limited. The politician had sought to have certain current and future content – argued to be defamatory – blocked by Facebook with worldwide effect. This is arguably the most important Internet speech-related case currently before the Court of Justice of the European Union (CJEU) and will doubtlessly influence court reasoning far beyond Europe.This Comment analyses AG Szpunar’s interesting, but problematic, Opinion with particular emphasis on his reasoning in relation to the question of scope of jurisdiction; that is, what is the appropriate geographical scope of orders in these circumstances, rendered by a court that has personal jurisdiction and subject matter jurisdiction.
{"title":"Grading AG Szpunar's Opinion in Case C-18/18 – A Caution against Worldwide Content Blocking as Default","authors":"D. Svantesson","doi":"10.5817/MUJLT2019-2-10","DOIUrl":"https://doi.org/10.5817/MUJLT2019-2-10","url":null,"abstract":"On 4th of June 2019, Advocate General Szpunar delivered his Opinion in Case C-18/18 between Eva Glawischnig-Piesczek (an Austrian politician) and Facebook Ireland Limited. The politician had sought to have certain current and future content – argued to be defamatory – blocked by Facebook with worldwide effect. This is arguably the most important Internet speech-related case currently before the Court of Justice of the European Union (CJEU) and will doubtlessly influence court reasoning far beyond Europe.This Comment analyses AG Szpunar’s interesting, but problematic, Opinion with particular emphasis on his reasoning in relation to the question of scope of jurisdiction; that is, what is the appropriate geographical scope of orders in these circumstances, rendered by a court that has personal jurisdiction and subject matter jurisdiction.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47655141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Our everyday use of electronic devices and search for various contents online provides valuable insights into our functioning and preferences. Companies usually extract and analyze this data in order to predict our future behavior and to tailor their marketing accordingly. In terms of the General Data Protection Regulation such practice is called profiling and is subject to specific rules. However, the behavior analysis can be used also for unique identification or verification of identity of a person. Therefore, this paper claims that under certain conditions data about online behavior of an individual fall into the category of biometric data within the meaning defined by the GDPR. Moreover, this paper claims that profiling of a person can not only be done upon existing biometric data as biometric profiling but it can also lead to creation of new biometric data by constituting a new biometric template. This claim is based both on legal interpretation of the concepts of biometric data, unique identification, and profiling as well as analysis of existing technologies. This article also explains under which conditions online behavior can be considered biometric data under the GDPR, at which point profiling results in creation of new biometric data and what are the consequences for a controller and data subjects.
我们每天使用的电子设备和在网上搜索的各种内容为我们的功能和偏好提供了宝贵的见解。公司通常提取和分析这些数据，以预测我们未来的行为，并相应地调整他们的营销。根据《通用数据保护条例》(General Data Protection Regulation)，这种做法被称为剖析，并受到特定规则的约束。然而，行为分析也可以用于一个人的唯一识别或身份验证。因此，本文认为在一定条件下，个人在线行为数据属于GDPR定义的生物特征数据范畴。此外，本文还声称，对一个人的分析不仅可以在现有的生物特征数据上进行生物特征分析，还可以通过构建新的生物特征模板来创建新的生物特征数据。该权利要求是基于对生物特征数据、唯一识别和分析概念的法律解释以及对现有技术的分析。本文还解释了在哪些条件下在线行为可以被视为GDPR下的生物特征数据，在什么情况下分析会导致创建新的生物特征数据，以及对控制器和数据主体的后果。
{"title":"Online Behavior Recognition: Can We Consider It Biometric Data under GDPR?","authors":"Alzbeta Solarczyk Krausová","doi":"10.5817/MUJLT2018-2-3","DOIUrl":"https://doi.org/10.5817/MUJLT2018-2-3","url":null,"abstract":"Our everyday use of electronic devices and search for various contents online provides valuable insights into our functioning and preferences. Companies usually extract and analyze this data in order to predict our future behavior and to tailor their marketing accordingly. In terms of the General Data Protection Regulation such practice is called profiling and is subject to specific rules. However, the behavior analysis can be used also for unique identification or verification of identity of a person. Therefore, this paper claims that under certain conditions data about online behavior of an individual fall into the category of biometric data within the meaning defined by the GDPR. Moreover, this paper claims that profiling of a person can not only be done upon existing biometric data as biometric profiling but it can also lead to creation of new biometric data by constituting a new biometric template. This claim is based both on legal interpretation of the concepts of biometric data, unique identification, and profiling as well as analysis of existing technologies. This article also explains under which conditions online behavior can be considered biometric data under the GDPR, at which point profiling results in creation of new biometric data and what are the consequences for a controller and data subjects.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43591643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper discusses the right to obtain a copy of personal data based on the access right guaranteed in Articles 15 (3) and limited in 15 (4) of the GDPR. Main question is to what extent, the access right provided to data subject under the data protection rules is compatible with copyright. We argue that the subject matter of Article 15 (3) of the GDPR - copy of personal data – may infringe copyright protection of third parties but not a copyright protection attributed to the data controllers.Firstly, because the right of access and copyright may be in certain circumstances incompatible. Secondly, the data controllers are primarily responsible for balancing conflicting rights and neutral balancing exercise could only be applied by the Data Protection Authorities. Thirdly, the case law of the CJEU regarding this issue will need to be developed because the copy as a result of access right may be considered as a new element in data protection law.
{"title":"Right of Access under GDPR and Copyright","authors":"Angela Sobolčiaková","doi":"10.5817/MUJLT2018-2-5","DOIUrl":"https://doi.org/10.5817/MUJLT2018-2-5","url":null,"abstract":"The paper discusses the right to obtain a copy of personal data based on the access right guaranteed in Articles 15 (3) and limited in 15 (4) of the GDPR. Main question is to what extent, the access right provided to data subject under the data protection rules is compatible with copyright. We argue that the subject matter of Article 15 (3) of the GDPR - copy of personal data – may infringe copyright protection of third parties but not a copyright protection attributed to the data controllers.Firstly, because the right of access and copyright may be in certain circumstances incompatible. Secondly, the data controllers are primarily responsible for balancing conflicting rights and neutral balancing exercise could only be applied by the Data Protection Authorities. Thirdly, the case law of the CJEU regarding this issue will need to be developed because the copy as a result of access right may be considered as a new element in data protection law.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41593499","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The concept of judicial compliance has attracted plenty of attention in the last two decades. Yet, despite the growing scholarly interest, important research questions remain largely unresolved. This is partly due to the persistent use of unsystematic research, built on the cherry picking of cases. The content of only a few well-known judgments has been thoroughly examined, and the rest remains largely ignored by the legal scholarship. The aim of this article is to introduce a sketch of a new three-level approach for improving research on judicial compliance in a multi-level arena. We show how the use of automated text analysis in combination with more traditional legal methods might shed more light on the concept of judicial compliance and judicial dialogues. We explain the procedure of the automated collection of data and their coding and also point out the risks of using automated text analysis when studying judicial compliance. The approach is demonstrated on a single case study of the use of European Court of Human Rights rulings by Czech apex courts. This study assesses how often and in what way the domestic courts engage with the European Court of Human Rights case law.
{"title":"Searching for a Reference: Using Automated Text Analysis to Study Judicial Compliance","authors":"Katarína Šipulová, Hubert Smekal, Jozef Janovský","doi":"10.5817/MUJLT2018-2-2","DOIUrl":"https://doi.org/10.5817/MUJLT2018-2-2","url":null,"abstract":"The concept of judicial compliance has attracted plenty of attention in the last two decades. Yet, despite the growing scholarly interest, important research questions remain largely unresolved. This is partly due to the persistent use of unsystematic research, built on the cherry picking of cases. The content of only a few well-known judgments has been thoroughly examined, and the rest remains largely ignored by the legal scholarship. The aim of this article is to introduce a sketch of a new three-level approach for improving research on judicial compliance in a multi-level arena. We show how the use of automated text analysis in combination with more traditional legal methods might shed more light on the concept of judicial compliance and judicial dialogues. We explain the procedure of the automated collection of data and their coding and also point out the risks of using automated text analysis when studying judicial compliance. The approach is demonstrated on a single case study of the use of European Court of Human Rights rulings by Czech apex courts. This study assesses how often and in what way the domestic courts engage with the European Court of Human Rights case law.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49568863","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Following the liberalization of telecommunication markets in African States, and the increasing availability of wireless technologies and broadband capacity, the levels of Internet penetration and ICT access in Africa has continued to grow in a phenomenal manner since the beginning of the new millennium. Internet use statistics indicate that Africa’s Internet user population grew from about four and a half million people in 2000 to about 400 million people in December, 2017. However, widespread ICT access and Internet penetration in Africa has also raised concerns over the need to promote cybersecurity governance and cyber stability across the continent. This prompted the African Union to establish a regional cybersecurity treaty, known as the African Union Convention on Cyber Security and Personal Data Protection, in June, 2014. The Convention imposes obligations on Member States to establish legal, policy and regulatory measures to promote cybersecurity governance and control cybercrime. This article analyzes the nature and scope of the cybersecurity governance obligations under the Convention and examines how the adoption of the Convention can promote cyber stability in the African region. In so doing, the paper also examines the challenges impeding the application of the Convention as a framework for promoting regional cyber stability in Africa. The paper identifies the slow pace of Member State ratification and the absence of effective regional coordination as some of the major reasons why the Convention has not been effectively applied as a framework for promoting regional cyber stability. Therefore, the paper makes a case for the establishment of a regional monitoring mechanism within the AU framework to improve the regional harmonization of cybersecurity governance frameworks, and harness the application of the Convention as a framework for promoting regional cyber stability.
{"title":"The African Union Convention on Cybersecurity: A Regional Response Towards Cyber Stability?","authors":"U. Orji","doi":"10.5817/MUJLT2018-2-1","DOIUrl":"https://doi.org/10.5817/MUJLT2018-2-1","url":null,"abstract":"Following the liberalization of telecommunication markets in African States, and the increasing availability of wireless technologies and broadband capacity, the levels of Internet penetration and ICT access in Africa has continued to grow in a phenomenal manner since the beginning of the new millennium. Internet use statistics indicate that Africa’s Internet user population grew from about four and a half million people in 2000 to about 400 million people in December, 2017. However, widespread ICT access and Internet penetration in Africa has also raised concerns over the need to promote cybersecurity governance and cyber stability across the continent. This prompted the African Union to establish a regional cybersecurity treaty, known as the African Union Convention on Cyber Security and Personal Data Protection, in June, 2014. The Convention imposes obligations on Member States to establish legal, policy and regulatory measures to promote cybersecurity governance and control cybercrime. This article analyzes the nature and scope of the cybersecurity governance obligations under the Convention and examines how the adoption of the Convention can promote cyber stability in the African region. In so doing, the paper also examines the challenges impeding the application of the Convention as a framework for promoting regional cyber stability in Africa. The paper identifies the slow pace of Member State ratification and the absence of effective regional coordination as some of the major reasons why the Convention has not been effectively applied as a framework for promoting regional cyber stability. Therefore, the paper makes a case for the establishment of a regional monitoring mechanism within the AU framework to improve the regional harmonization of cybersecurity governance frameworks, and harness the application of the Convention as a framework for promoting regional cyber stability.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42300057","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
New technologies have irreversibly changed the nature of the traditional way of exercising the right to free access to information. In the current information society, the information available to public authorities is not just a tool for controlling the public administration and increasing its transparency. Information has become an asset that individuals and legal entities also seek to use for business purposes. PSI particularly in form of open data create new opportunities for developing and improving the performance of public administration.In that regard, authors analyze the term open data and its legal framework from the perspective of European Union law, Slovak legal order and Czech legal order. Furthermore, authors focus is on the relation between open data regime, public sector information re-use regime and free access to information regime.New data protection regime represented by General Data Protection Regulation poses several challenges when it comes to processing of public sector information in form of open data. The article highlights the most important challenges of new regime being compliance with purpose specification, selection of legal ground and other important issues.
{"title":"Quo Vadis Open data?","authors":"Jozef Andraško, Matúš Mesarčík","doi":"10.5817/MUJLT2018-2-4","DOIUrl":"https://doi.org/10.5817/MUJLT2018-2-4","url":null,"abstract":"New technologies have irreversibly changed the nature of the traditional way of exercising the right to free access to information. In the current information society, the information available to public authorities is not just a tool for controlling the public administration and increasing its transparency. Information has become an asset that individuals and legal entities also seek to use for business purposes. PSI particularly in form of open data create new opportunities for developing and improving the performance of public administration.In that regard, authors analyze the term open data and its legal framework from the perspective of European Union law, Slovak legal order and Czech legal order. Furthermore, authors focus is on the relation between open data regime, public sector information re-use regime and free access to information regime.New data protection regime represented by General Data Protection Regulation poses several challenges when it comes to processing of public sector information in form of open data. The article highlights the most important challenges of new regime being compliance with purpose specification, selection of legal ground and other important issues.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49490743","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Self-driving vehicles have become a reality. For instance, in the summer of 2017, self-driving buses carried passengers on a designated route in Estonia's capital Tallinn. Regrettably, traffic accidents involving self-driving vehicles have also become a reality. This article focuses on fully autonomous vehicles. The safe and responsible use of fully autonomous vehicles calls for appropriate rules and an appropriate allocation of liability. Above all, fully autonomous vehicles pose a challenge to the law of delict. The article seeks to establish, based on the example of Estonian law, whether the application of delictual liability is affected by the autonomy of a vehicle and, if so, whether related differences are significant, and whether the law of delict needs to be modified in the light thereof. The issues are discussed primarily in the context of Estonian law, but parallels with German law are drawn as well. The conclusions drawn are more or less universal and can be taken into account also in other jurisdictions besides Estonia. The article analyses liability for damage caused by fully autonomous vehicles under general delictual liability, strict liability and product liability.
{"title":"Delictual Liability for Damage Caused by Fully Autonomous Vehicles: The Estonian Perspective","authors":"Taivo Liivak, Janno Lahe","doi":"10.5817/MUJLT2018-1-3","DOIUrl":"https://doi.org/10.5817/MUJLT2018-1-3","url":null,"abstract":"Self-driving vehicles have become a reality. For instance, in the summer of 2017, self-driving buses carried passengers on a designated route in Estonia's capital Tallinn. Regrettably, traffic accidents involving self-driving vehicles have also become a reality. This article focuses on fully autonomous vehicles. The safe and responsible use of fully autonomous vehicles calls for appropriate rules and an appropriate allocation of liability. Above all, fully autonomous vehicles pose a challenge to the law of delict. The article seeks to establish, based on the example of Estonian law, whether the application of delictual liability is affected by the autonomy of a vehicle and, if so, whether related differences are significant, and whether the law of delict needs to be modified in the light thereof. The issues are discussed primarily in the context of Estonian law, but parallels with German law are drawn as well. The conclusions drawn are more or less universal and can be taken into account also in other jurisdictions besides Estonia. The article analyses liability for damage caused by fully autonomous vehicles under general delictual liability, strict liability and product liability.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46571722","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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