Information and Data in Law

Vol.7,No.13(2016)

Abstract

Shall the law serve its main purpose, i.e. to organise the society through normative information, there should not be appearing contradictions between the lawsof nature and legal rules. One of most emerging examples of such asituation,i.e. of aconflict between alegal rule and empirically proven natural law, is legalregulatory framework of some informational transactions.

The article is aimed at legal reflection of the phenomenon of information. The discussion is based on findings of theoretical cybernetics and information theory and tackles various forms in which information is understood bylegal rules. Argued conclusions include namely an opinion regarding natural impossibility of information to become an asset in legal obligations. The law mightactually treat data as assets, but such approach might efficiently be used only inhighly exceptional cases. Instead, it corresponds to the nature and practice ofprocessing of data of all possible sorts if the law objectivises and tackles justrights that arise with regards to data or the effects of use of data in different circumstances.


Keywords:
Information; ICT Law; Data; Asset

Pages:
s. 67–91
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