LES CAHIERS DU NUM ÉRIQUE VOLUM E 10 – No 2/ 20 14

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LES CAHIERS DU NUM ÉRIQUE

VOLUM E 10 – No 2/ 20 14

7 CONTRIBUTORS

9 Introduction

B^RUNOC^ONTE,B^RUNOH^ÉNOCQUE

17 Law and technology : how to reconcile the irreconcilable ?

Epistemological thoughts in favor of a law of technological liberties J^EAN-B^APTISTET^HOMAS-SERTILLANGES

The myth of cyberspace as a regulation-free zone is no more! Since the enactment of the Data Protection Act in 1978, the interactions between law and new technologies have led to the birth of a network of constantly changing regulations crossing all traditional legal domains. The picture of cyberspace regulation is a one mixed, but some objective observations can be made: it suffers from quick obsolescence, legislative inflation, and case-law reversals have become customary when it comes to applying these norms. In that context, an epistemological reflection on the interactions between law and technology could allow us to refine certain legal concepts and lay the foundation for a legal methodology offering better chances to reconcile the irreconcilable: the law, cast in stone, and technology, symbol of change.

41 Law of European Union and numeric democraty : keys for the eco-citizenship

J^ULIENV^IEIRA

To accomplish its fondamental goal as a lever for democracy, European Union turns to account the benefits of numeric technologies to serve the information and environmental participation of a citizen. This contribution points out different tools

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158 Les cahiers du numérique – n° 2/2014

set up by European Union Law to reinforce participative environmental democracy. This will allow to underline the value of these tools based on interaction of systems and those of different actors working on the benefit of harmonious and durable development for present-day and future generations

63 Social media, legal responsibility and media education B^RUNOH^ÉNOCQUE

The Web 2.0 offers an unprecedented opportunity to use his freedom in an infinity of virtual spaces. The purpose of this article is to study the respect of freedom of expression on the Internet, especially in the social networks (Facebook, Twitter...). The main question is to protect the teenagers' dignity in these virtual spaces. If the rights to personal data protection and to private life must be fully recognized for teenagers, the risks on the Internet are not small for them. It consists on slanders, insults and cases of blackmail, harassment and pedophilia on social network. A part of the solution is in the role of education for media use, not only to train on the use of technologies but also to use the Internet in a confident manner knowing the ethic rules and laws. When scandals circulate on the Internet, the confidence of adults and teenagers is affected. The more important ethical principle is the moral and law education. In some countries individual responsability is engaged from 13 years old. This responsability exists in private life as well as in public life, at schools or in companies where teenagers work under internship. More and more ethics agreements or laws are signed off in private companies as well as at schools. The protection of freedom of expression in the matter of opinion, information and association on the Internet depends partly on future education on the use of numeric media at schools.

93 Ethical and legal approach of issues surrounding the use of medical data of a personal nature

J^ÉRÔMEB^ÉRANGER,R^YADB^OUADI

After centuries of “medical paternalism” maintaining the patient of medical information and truth, we are witnessing the last twenty years a rebalancing of the caring relationship in which the patient becomes an actor of his health. With the development of New information and communication technologies (NICT), the patient becomes more applicant information. Composition information is

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Summary 159 the sum of the intrinsic value of the data and of the environment in which this information is expressed. By nature the data is a pure value, frozen in the time, in contrast to the environment in perpetual movement. Under these conditions, the only way to better manages and thus master the information, would better understand and know from an legal and ethical standpoint, the environmental parameters of the real that compose the infosphere. It is in this sense that ethical space analysis involved in the transcription of data in practical wisdom is essential to better understand and develop information that makes up the communication organizations. In this context, the shared decision-making between the doctor and patient cannot be achieved without ethical management associated with information law. It is through an ethical approach based around human values and the four ethical principles: beneficence, autonomy, non- maleficence and justice, that the doctor and patient will be able to give a meaning and purpose in their own way to communicate and act with together.

125 Epistemological and legal study of patient-doctor communication.

Towards an ethical management of medical decisions J^ÉRÔMEB^ÉRANGER,J^ÉRÔMEF^ORTINEAU

Today, Information and communication technologies (ICT) are located in the center of the doctor-patient relationship. The information system (IS) is part of the same organization communication to become a mediator in the exchange of knowledge shared between actors. It takes a full role in the socialized between practitioner and patient dialogue. These ICT become a partner that fits between man and his environment.

This therefore leads to a society in which information technologies have a major and central role. When a progress is reached, it automatically assumes a future threshold to cross. All those achievements represent significant progress for humanity, but they also have negative and pose ethical and legal questions such as: transparency, confidentiality, protection of medical personal data and respect for privacy. Indeed, the legal framework surrounding the use of health data is a victim of a "fuzzy"

regulation. However, the practice is evolving and the law must be consistent with the evolution of these uses.

157 Summary/Abstracts

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