4.4 Article

Data modelling as a means of power: At the legal and computer science crossroads

Journal

COMPUTER LAW & SECURITY REVIEW
Volume 52, Issue -, Pages -

Publisher

ELSEVIER ADVANCED TECHNOLOGY
DOI: 10.1016/j.clsr.2023.105865

Keywords

Data modelling; Legislative solutions; Civil registers; Commercial registers

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The process of data modelling can empower information systems to reshape the real world, but both legal and computer science fields have insufficient awareness of the risks and opportunities involved. The inherent power in data modelling is often overlooked. Therefore, an outlook is provided on the future development of de novo designed registers such as Transparenz- and Gesellschaftsregister.
The process of data modelling can be empowering, as the resulting information system can intentionally or accidentally reshape the real world. Examples from civil and commercial registers from German and European Law illustrate that neither legal nor computer science are sufficiently aware of the risks and opportunities involved. We demonstrate that the power inherent in data modelling is rarely properly accounted for. Awareness seems to be - by and large - universally lacking. Since civil and commercial registers have evolved from paper based systems, we cast an outlook on registers designed de novo, such as the Transparenz-and Gesellschaftsregister.

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