OVERVIEW

The course aims to investigate the multiple interactions between the development of new technologies and fundamental rights. This in a twofold sense: on the one hand, new technologies are today necessary for the tangible enjoyment of some fundamental rights; on the other hand, they amplify the possibilities for the individual to interfere negatively with the equal exercise of fundamental freedoms by other people. The course aims to analyse, from the perspective of comparative law, this complex problem.

AIMS AND CONTENT

LEARNING OUTCOMES

The course analyses the relationship between new technologies and fundamental rights. New technologies have changed not only the way people interact, but also the potential of individual expression. From the point of view of individual freedoms, this leads to two different types of problems. On the one hand, the need to protect the individual from the intrusion of others is potentially undermined; on the other hand, the concrete possibilities of individual interaction require the availability of an increasingly wide range of technological services, managed by private entities (online platforms, social networking services and so on...). The course therefore focuses on the main fundamental freedoms, protected by the constitutions of the Western legal tradition, and investigates this dual correlation that freedoms have with the tools offered by new technologies, focusing on the legal institutions aimed at addressing the problems arising from this correlation. Particular attention will also be paid to problems arising from the conflict between fundamental rights (e.g. freedom of the press and privacy) and the methods used in different legal systems to resolve this conflict.

AIMS AND LEARNING OUTCOMES

The course is aimed at:

- illustrating analytically, in terms of comparative law, the relationships that exixt between new technologies and fundamental rights;

- Analysing the protection needs arising from the diffusion of new technologies, as well as the fundamental rights that pursue this aim;

- Scrutinizing the role assumed by new technologies in the real enjoyment of fundamental rights, as well as the consequences arising from this role; 

- Examininig in a problematic way whether the diffusion of new technologies determines the need to enucleate new fundamental rights such as, for example, the right of access to the Internet;

- Understanding to what extent do the new technologies involve the application of fundamental rights to horizontal relations (the so-called drittwirkung) and analysing the problems that drittwirkung entails from the point of view of the balance between constitutional values.

At the end of the course, the student will be able to:

- identify the links between the development of new technologies and the tangible protection of fundamental rights

- understand what specific protection needs of the individual arise from the spread of new technologies and analyse hypothetical concrete cases from this perspective; 

- understand the role played by new technologies in the practical enjoyment of fundamental rights and analyse hypothetical concrete cases from this perspective;

- understand opportunities and problems arising from the application of fundamental rights to horizontal relations (i.e. between private individuals);

- analyse and solve the problems arising from the overlapping of several fundamental rights in hypothetical concrete situations.

PREREQUISITES

During the course reference will be made to basic notions of constitutional law. Therefore, for a full understanding of the topics covered, it is advisable to attend a comparative constitutional law course.

TEACHING METHODS

The teaching consists of 36 hours of lessons. The lessons will be mainly frontal, but may also include the textual analysis of particularly relevant cases. The lessons will be held in English.

Attendance is not compulsory, but there will be a special program for attending students, which will be communicated during the first lesson.

NB: The course will be held in remote mode through the "Teams" and "Aulaweb" platforms.

SYLLABUS/CONTENT

Two concepts of freedom: negative and positive liberties;

The individual personality and the internet: the concept of onlife;

New technologies and personal freedom;

Personal vs. digital identity;

Privacy and data protection;

Freedom of speech on the Internet;

Freedom of information and the algorithmic structure of the Internet;

Freedom of speech and Social Networking;

The platform party and the perspectives of political representation;

The Internet, IT platforms and fundamental rights.

RECOMMENDED READING/BIBLIOGRAPHY

Molly K. Land, Jay D. Aronson (Eds), New Technologies for Human Rights Law and Practice, Cambridge University Press, 2018.

TEACHERS AND EXAM BOARD

Exam Board

EDMONDO MOSTACCI (President)

LORENZO CUOCOLO

FRANCESCO GALLARATI

ARIANNA PITINO

LESSONS

LESSONS START

Classes will take place in the first semester, starting in September 2020.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The final exam will take place in oral form.

ASSESSMENT METHODS

The aim of the examination is primarily to ascertain the student's knowledge of the topics covered in the course and the student's ability to use the notions learned in hypothetical practical scenarios. In addition, the exam also aims to ascertain the adequacy of the exposition order and the knowledge of the technical juridical language.

Exam schedule