حاکمیت، فناوری و حکومت پس از COVID-19: چالش‌های قانونی در اروپا پس از پاندمی

This book imagines how Europe might re-organise and re-group after the COVID-19 crisis by assessing its effectiveness when responding to it. For this purpose, it directs its focus on: 1) sovereignty challenges; 2) technological challenges; and 3) governance challenges. These three challenges do not present hermetic legal problems, they intersect and connect on many levels. The book shows this by examining the relationship between public and private power, and illustrating how the rise of technocratic authority is deeply connected to the choice of technological solutions. It illustrates how constitutional decisions taken during states of emergency give rise to private governance challenges related to cybersecurity and data protection. Experts from the fields of EU governance, data protection and technology explore these questions to provide answers to how the EU might develop in the future. Acknowledgements Table of Contents 1. Introduction 2. Opening Executive Technocratic Bubbles: Gusts of Transparency in a Turbulent Europe 2.1. Introduction 2.2. Government by Scientific Expertise 2.3. Government by Shared Data 2.4. Tailwinds of Transparency in the EU: Locating Transparency 2.5. Uncovering Secrecy: An Investigative European Ombudsman 2.6. Conclusions 3. The New Providers on the Block: How Big Tech Responded to the COVID-19 'Krisis' 3.1. Introduction – COVID-19 'Krisis' or Opportunity for Whom? 3.2. Three Dimensions of Digital Power: Health Misinformation; Financial Support; and Tracing Apps 3.3. Understanding the Phenomenon: The Privatisation of Public Power and the Publicisation of Private Power 3.4. Concluding Remarks 4. What Did the COVID-19 Crisis Teach Us about European Solidarity? Incomplete Integration, Conflicts of Sovereignty and the Principle of Solidarity in EU Law 4.1. The EU Facing 'a Human Tragedy of Potentially Biblical Proportions' with the Usual Legal Toolkit 4.2. The EU and its 'Crises', between Incomplete Integration Processes and Conflicts for Sovereignty 4.3. 'One, No One and One Hundred Thousand' : Is There a Core Meaning for the Principle of Solidarity in EU Law? 4.4. Post-pandemic Solidarity: Towards a New Meaning of Solidarity within the EU? 4.5. Conclusions: What Did the COVID-19 Crisis Teach Us about the European Principle of Solidarity? 5. Tracing Transparency: Public Governance of Algorithms and the Experience of Contact Tracing Apps 5.1. Introduction 5.2. The Role of Transparency in Contact Tracing Apps 5.3. Scoring Transparency in Contact Tracing App 5.4. Conclusions and Lessons for the Future 5.5. Final Remarks 6. Data under Threat for the 'Health' of Nations 6.1. Introduction 6.2. A Variable Geometry of Tracing 6.3. The Reverse Side of Technological Neutrality 6.4. A Path Towards Interoperability 6.5. Lesson Learned from Exposure Notification Apps 7. 'Brave New (Normal) World' : Can the COVID-19 Emergency Serve as an Excuse to Increase the Surveillance State with Facial Recognition Technology? 7.1. Introduction 7.2. Facial Recognition Technology: A Weapon for the 'New Normal World' 7.3. The Use of FRT in a Post-pandemic World 7.4. The Testaments: Conclusion 8. Data Governance to Tackle COVID-19: Some Lessons to be Learnt from the Pandemic 8.1. Technology, COVID-19, Data Governance and the Law 8.2. Access Barriers to COVID-19 Data 8.3. Data Access to Tackle the Pandemic and End the Proprietorial Gridlock 8.4. A Mixed Conclusion. The Law for Data Access and Cooperation 9. Contact Tracing and Techno-surveillance Clusters in Asia and Europe 9.1. Introduction: The Pandemic and Technologies 9.2. Contact Tracing and Other Social Monitoring Technologies 9.3. Contact Tracing Systems 9.4. GPS versus BLE: Different Technologies for Different Purposes 9.5. The Debate on COVID Apps between Asian and Western Countries 9.6. Privacy versus Effectiveness 9.7. Conclusions 9.8. Glossary 10. COVID-19, Tracing Apps and Big Tech: 'Can't Buy Me Love' 10.1. Introduction 10.2. Techlash Reloaded 10.3. No Good Big Tech Deed Goes Unpunished 10.4. A Self-Inflicted Wound? 11. What Role for the Data Protection Authorities During the COVID-19 Pandemic? 11.1. GDPR and COVID-19: A Two-Year-Old versus a Global Health Emergency 11.2. Should We Suspend the GDPR? DPAs, EDPB and EDPS During the Pandemic 11.3. Actions of the EU National Data Protection Authorities During the COVID-19 Pandemic 11.4. Lessons (Not) Learned? EU Digital COVID Certificate 11.5. Conclusions 12. Keeping the Internet Safe During and after the Pandemic: Dealing with the Rise of Cybercrime in the EU 12.1. Introduction 12.2. Towards an Interconnectedness of Cybercrime and Cybersecurity to Ensure a Safe Cyberspace 12.3. Monitoring the Rise of Cybercrimes During the Pandemic: Was the EU Fit for Purpose? 12.4. Getting Ready for a Post-pandemic World: Stronger Efforts from the EU? 12.5. Conclusion Index In addressing the pandemic, contact tracing has been one of the most effective tools used worldwide. At the time of writing, contact tracing apps for proximity tracing have been launched or under test in the majority of EU Member States. The use of these apps has of course caused several concerns, especially with regard to the protection of privacy of individuals. While opinions largely differed with regard to the best technological solution to adopt, everybody agreed on the importance of one specific requirement: their full transparency. The idea that transparency can be a valid safeguard for the correct, secure and lawful use of digital applications is surely not new. The experience of contact tracing apps in EU can, however, provides an unprecedented occasion to test to the concept of algorithmic transparency empirically. This work aims at investigating firstly how transparency has been translated from theory to practice and secondly whether transparency was beneficial and useful using European contact tracing apps as case study. If the overall assessment will be positive, this work will also question whether transparency, as resulting from the experience with contact tracing apps, can represent a suitable model for the public governance of algorithms "This book imagines how Europe might re-organise and re-group after the COVID-19 crisis by assessing its effectiveness when responding to it. For this purpose, it directs its focus on: i) sovereignty challenges; ii) technological challenges and iii) governance challenges. These three challenges do not present hermetic legal problems, they intersect and connect on many levels. The book shows this by examining the relationship between public and private power, and illustrating how the rise of technocratic authority is deeply connected to the choice of technological solutions. It illustrates how constitutional decisions taken during states of emergency give rise to private governance challenges related to cybersecurity and data protection. Experts from the fields of EU governance, data protection, and technology explore these questions to provide answers to how the EU might develop in the future"-- Provided by publisher

This book imagines how Europe might re-organise and re-group after the COVID-19 crisis by assessing its effectiveness when responding to it. For this purpose, it directs its focus on: i) sovereignty challenges; ii) technological challenges and iii) governance challenges. These three challenges do not present hermetic legal problems, they intersect and connect on many levels. The book shows this by examining the relationship between public and private power, and illustrating how the rise of technocratic authority is deeply connected to the choice of technological solutions. It illustrates how constitutional decisions taken during states of emergency give rise to private governance challenges related to cybersecurity and data protection. Experts from the fields of EU governance, data protection, and technology explore these questions to provide answers to how the EU might develop in the future.