Publication details

Informace a data v právu

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Title in English Information and Data in Law


Year of publication 2016
Type Article in Periodical
Magazine / Source Revue pro právo a technologie
MU Faculty or unit

Faculty of Law

Web Open access časopisu
Field Law sciences
Keywords information; ICT law; data; asset
Attached files
Description Shall the law serve its main purpose, i.e. to organise the society through normative information, there should not be appearing contradictions between the laws of nature and legal rules. One of most emerging examples of such a situation, i.e. of a conflict between a legal rule and empirically proven natural law, is legal regulatory 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 by legal rules. Argued conclusions include namely an opinion regarding natural impossibility of information to become an asset in legal obligations. The law might actually treat data as assets, but such approach might efficiently be used only in highly exceptional cases. Instead, it corresponds to the nature and practice of processing of data of all possible sorts if the law objectivises and tackles just rights that arise with regards to data or the effects of use of data in different circumstances.
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