The Impact of Science and Technology on the Rights of the Individual

This introductory chapter aims to explore and understand the way particular scientific and technological developments affect legal values and institutions and how such phenomena can influence scientific and technological regulations. Scientific discoveries and technological innovations are in fact at the root of the progress made in many areas (in the field of information and telecommunications, agriculture, health, education, environment, etc.). Scientific research and technological innovations are also crucial factors in implementing changes in society and in the economy (See generally Cutcliffe SH, Ideas, machines and values: an introduction to science, technology and social studies, 2000). In particular, advances in fields like medicine, biology, chemistry, information technology, and telecommunications have wrought a Copernican revolution into our daily lives. These are fascinating subjects, but they also have many ethical, legal and social implications.

In the following pages, we will firstly clarify essential theoretical and practical concepts for interpreting and understanding the aspects of the investigation. Then, using some practical and illustrative examples, we will try to explain some of the most challenging issues at the intersection of law, science and technology. In particular, we will illustrate the deep interrelation between science, technology and legal protection of individual rights.

This chapter deals with some policy issues arising from the interaction between regulation, freedoms, and security interests in the digital communication environment. Advances in digital communications have opened up a new era of unrestricted freedom of expression and speech, but in recent years a wide range of national and transnational regulators have also attempted or are attempting to implement various levels of control, monitoring or filtering the content delivered across the Internet. The chapter explores these topics by means of a discussion of various policy and regulatory questions.

The chapter − drawing upon comparative materials and case law analysis − investigates the potential risks and vulnerabilities related to communication technologies focusing on legislative reforms in the area of digital communications and their implications for individual rights.

The chapter explores the rapidly growing field of biotechnologies, namely those technologies involved in the collection, processing, distribution, and use of biological information. In particular, it examines the debate around the progressive commodification of genetic resources and connected genetic information realized by means of intellectual property rights and other forms of management of essential public knowledge assets. The chapter includes the necessary background for understanding how biotechnology and genetic engineering works.

The chapter – drawing upon comparative materials and case law analysis – investigates the potential risks and vulnerabilities related to the commodification of essential public knowledge assets in the life sciences focusing on the controversy over gene patenting and the possible implications for individual rights and conservation of natural resources.