Niels van Dijk

Niels van Dijk
Vrije Universiteit Brussel | VUB · Law Science Technology and Society (LSTS)

Professor

About

44
Publications
7,534
Reads
How we measure 'reads'
A 'read' is counted each time someone views a publication summary (such as the title, abstract, and list of authors), clicks on a figure, or views or downloads the full-text. Learn more
187
Citations
Citations since 2016
30 Research Items
160 Citations
2016201720182019202020212022010203040
2016201720182019202020212022010203040
2016201720182019202020212022010203040
2016201720182019202020212022010203040
Introduction
My current research interets are: ethics of AI, privacy by design and legal philosophy. I am currently working on a comparison of ethical discourses around ICT governance with older debates in legal philosophy about the law-morality relation.
Additional affiliations
September 2007 - present
Vrije Universiteit Brussel
Position
  • PostDoc Position
September 2007 - present
Vrije Universiteit Brussel
Position
  • PostDoc Position

Publications

Publications (44)
Article
Full-text available
The European Union’s General Data Protection Regulation (GDPR), in force since 2018, has introduced design-based approaches to data protection and the governance of privacy. In this article we describe the emergence of the professional field of privacy engineering to enact this shift in digital governance. We argue that privacy engineering forms p...
Article
Several European Commission's initiatives have been resorting to ethics in policy discourses as a way to govern and regulate Information and Communication Technologies (ICT). The proliferation of invocations of ‘ethics’, especially concerning the recent debate on (the regulation of) Artificial Intelligence (AI), can be referred to as the ‘ethificat...
Chapter
Full-text available
In dit hoofdstuk zal de vraag verkend worden of en in welke mate er sprake is van een wederzijds constitutieve relatie tussen staat en denken in het werk van Immanuel Kant. We zullen hiertoe zijn constitutionele denken bevragen in de bredere zin die dit begrip toelaat. In klassieke zin betreft dit Kant’s bijdragen aan de politieke filosofie door zi...
Chapter
Full-text available
This chapter focusses on governance of digital innovation, making two claims: first, that post - truth is not a mere surface phenomenon, but rather grounded in the general production of knowledge and ignorance. Second, it connects post truth discourse to the “hyper - truth” status of digital innovation agendas. The significant issue is one much com...
Chapter
Full-text available
‘Post-truth’ was declared the word of the year by Oxford Dictionaries in 2016, followed by ‘fake news’ by Collins Dictionaries in 2017. In tweets by American president Donald Trump the term fake news has occurred in direct relation with declaring certain mainstream media as ‘enemies of the people’. Contestations of standards of truth have more broa...
Chapter
Full-text available
This Chapter introduces the concept of impact assessment, this way laying down a foundation for the present textbook on integrated impact assessment for border control technologies. It intends to offer, in an accessible way, an overview of the said concept, eventually aiming to constitute a reference work for anybody interested in the topic. This C...
Preprint
Full-text available
This policy brief offers a method for conducting the process of data protection impact assessment (DPIA) for the European Union (EU). First, as a prerequisite, it offers a generic method for impact assessment, meant to be used – upon tailoring down – in any domain of practice, such as environment, technology development or regulation (Section 2). N...
Preprint
Full-text available
This paper provides recommendations for the European Union (EU) to complement the requirement for data protection impact assessment (DPIA), as set forth in the General Data Protection Regulation (GDPR), with a view of achieving a more robust protection of personal data. In April 2016 the EU concluded the core part of the reform of its legal framewo...
Preprint
Full-text available
This Policy Brief proposes a template for a report from a process of data protection impact assessment (DPIA) in the European Union (EU). Grounded in the previously elaborated framework (cf. Policy Brief No. 1/2017) and method for impact assessment (cf. Policy Brief No. 1/2019), the proposed template conforms to the requirements of Articles 35–36 o...
Article
Full-text available
On 25 July 2018, Confédération paysanne and Others v. Premier mi-nistre et Ministère de l'Agriculture, de l'Agroalimentaire et de la Forêt, the Court of Justice of the European Union rendered a controversial ruling in the C-528/16 case. Taking a precautionary stance, the CJEU unambiguously stated that the EU's legislation on genetically modified or...
Article
Full-text available
This article is an analytic register of recent European efforts in the making of ‘autonomous’ robots to address what is imagined as Europe’s societal challenges. The paper describes how an emerging techno-epistemic network stretches across industry, science, policy and law to legitimize and enact a robotics innovation agenda. Roadmap is the main me...
Preprint
Full-text available
This article is an analytic register of recent European efforts in the making of ‘autonomous’ robots to address what in Horizon2020 are Europe’s societal challenges. The paper describes how an emerging techno-epistemic network stretches across industry, science, policy and law to legitimize and enact a robotics innovation agenda. Roadmap is the mai...
Method
Full-text available
This Policy Brief proposes a template for a report from a process of data protection impact assessment (DPIA) in the European Union (EU). Grounded in the previously elaborated framework (cf. Policy Brief No. 1/2017) and method for impact assessment (cf. Policy Brief No. 1/2019), the proposed template conforms to the requirements of Articles 35–36 o...
Method
Full-text available
This policy brief lays the foundations for a method for data protection impact assessment (DPIA) in the European Union (EU). First, as a prerequisite, it proposes a generic method for impact assessment, which is intended to be used – when tailored to the particular context – in multiple domains of practice, such as environment, technology developme...
Chapter
Full-text available
This paper examines some of the tensions between the ideals and the operationalisation of Responsible Research and Innovation (RRI). It does so through reflections on research into integrating assessments of various kinds in the context of complex, emerging technologies. Its aim is to address some aspects of what actually happens, as new collaborat...
Technical Report
Full-text available
This document reports on the Epinet workshop on the making of robot autonomy, held in Utrecht 16-17 February 2014. The workshop was part of a case study focused on developments in this area, in particular, autonomy for assistive robots in care and companionship roles. Our participants were of relevant expertise and professional experience, includin...
Technical Report
Full-text available
Based on preliminary insights from the analyses of data, gathered during the CANDID project consultations, this document presents an overview for self-reflection and the fostering of exchange of knowledge between experts in the Social Sciences and Humanities (SSH) and Information and Communication Technologies (ICT. The document provides initial an...
Chapter
Full-text available
This article reports some main findings from a study of recent efforts towards building privacy and other fundamental rights and freedoms into smart ICT systems. It mainly focuses on the concept of ‘Data Protection by Design and by Default’ (DPbD), recently introduced by EU legislation, and as implemented through the new field of privacy engineerin...
Preprint
Full-text available
This article reports some main findings from a study of recent efforts towards building privacy and other fundamental rights and freedoms into smart ICT systems. It mainly focuses on the concept of 'Data Protection by Design and by Default' (DPbD), recently introduced by EU legislation, and as implemented through the new field of privacy engineerin...
Article
Full-text available
The idea of building safeguards for privacy and other fundamental rights and freedoms into ICT systems has recently been introduced in EU legislation as ‘Data Protection by Design’. This article studies the techno-epistemic network emerging around this idea historically and empirically. We present the findings of an ‘extended peer consultation’ wit...
Chapter
Full-text available
The European Parliament recently recommended electronic personhood as a special legal status for robots to directly attribute them liability for caused damage, moving this idea from science fiction to legislative possibility. This ‘provocation’ will use this proposal to reflect upon the notion of personhood, not to analyse its singular nature, but...
Book
Full-text available
This book applies a novel conflict-based approach to the notions of ‘idea’, ‘concept’, ‘invention’ and ‘immateriality’ in the legal regime of intellectual property rights by turning to the adversarial legal practices in which they occur. In doing so, it provides extensive ethnographies of the courts and law firms, and tackles classical questions in...
Research
Full-text available
This paper provides recommendations for the European Union (EU) to complement the requirement for data protection impact assessment (DPIA), as set forth in the General Data Protection Regulation (GDPR), with a view of achieving a more robust protection of personal data. In April 2016 the EU concluded the core part of the reform of its legal framewo...
Research
Full-text available
Interview of Niels van Dijk by Natalia Mielech on 4 October 2015 on Ethics and new Technologies
Technical Report
Full-text available
This policy report is based in Epinet WP2 and complements WP1 reporting on the EPINET Integrated Assessment Framework as a Tool for RRI. We present key findings from the empirical research we conducted and was designed to be an instrument of observation and reflexivity in reference to the interdisciplinary innovation assessment cases conducted as p...
Article
Full-text available
The proposal for a new European Data Protection Regulation introduces the novel obligation of performing data protection assessments. Since these assessments will become a mandatory exercise for those in control of data processing systems, they will become an important apparatus for the governance of new and emerging information technologies. This...
Article
Smart grids offer novel means of energy governance and promise an adequate response to environmental, societal and technical developments of the 21st century. At the same time, they are capable of invading the sacrosanctity of the most privacy-sensitive place - the home. This chapter sketches several societal challenges that smart grids pose, and a...
Chapter
Full-text available
Taking up the Latourian challenge of offering an alternative empirical account of what it is, precisely, to ‘do’ law, Niels van Dijk, in ‘The Life and Deaths of a Dispute’, mobilises insights gleaned from ethnographic research conducted at a law firm and courts in Belgium to formulate the legal-theoretical concept of matters of dispute. Tracing the...
Research
Full-text available
In preparation for chapter drafts in co-authored book: Policy and research programmes articulating the role of eHealth and mHealth in the future of European health care, promise flexible and more personalized care, patient involvement and greater citizen responsibility in managing disease and staying healthy. It is not clear however, how the ICT-ba...
Conference Paper
Full-text available
This text aims to contribute to the articulation of some overarching tendencies at the levels of European governance of technosciences as studied by the Epinet project. It specifically targets the broader conditions under which different forms of assessments may integrate (or not) into broad networks shaping to address innovation for societal chall...
Technical Report
Full-text available
This document provides a set of policy recommendations, based on the findings of a three-year long case study on wearable sensors. The key objective was to assess state-of-the-art developments in this domain of innovation, using evaluation and analytic methods that correspond with the expertise and experience available on our study team and among o...
Technical Report
Full-text available
This report documents the EPINET projects investigations into assessments of ethical, legal and societal aspects of autonomous robots in the European Union. Its main objective is to evaluate the state-of-the-art in assessments in this domain, especially focusing on the ways in which these may interact with or become integrated into main research an...
Research
Full-text available
This discussion paper is a progress documentation of the Epinet case studies and a deliverable D2.2. It focuses on key factors in the coming together of disciplinary orientations and methods, both within each case study and within the broader communities of expertise and experience who were involved in the embedding phase of the case work. This doc...
Technical Report
Full-text available
This report documents the proceedings and discussions from the Epinet workshop into data protection (and privacy) impact assessments (PIAs, DPIAs), held in Brussels on November 4. 2013. It specifically focuses on the involvement of different professional communities, some of which can be referred to as “epistemic communities” involved in, or with a...
Chapter
Full-text available
This article discusses the challenge posed by the upcoming field of technoregulation to the study of law and its relation to new technologies. Technoregulation is often hailed as a new legislative tool for the intentional regulation of human behavior by means of technology. Instead of making law redundant, technoregulation could give a new impetus...
Article
Full-text available
This article will discuss Latour’s negative analysis of modernity and his positive ethnographical studies of the modes of existence of our modern world. It discusses the merits and disadvantages of his specific approach on law – an institutional ethnography of the French Conseil d’Etat – within this framework. In this light, the author proposes a c...
Article
Profiling technologies are the facilitating force behind the vision of Ambient Intelligence in which everyday devices are connected and embedded with all kinds of smart characteristics enabling them to take decisions in order to serve our preferences without us being aware of it. These technological practices have considerable impact on the process...
Conference Paper
The making of digital copies is the fundamental manner in which information technologies function. This has transformed copyright in the dominant legal form for the world of digital technologies and into a fundament for the modern knowledge economy. We are today confronted with the introduction and implementation of a new generation of information...
Technical Report
Full-text available
Financial institutions have both business incentives and legal obligations to create risk profiles of their clients. Implementing profiling policies, however, raises several problems and does not seem to be effective and efficient for the purposes intended, such as risk management or tracking fraud, money laundering and terrorist funding. In this d...

Network

Cited By

Projects

Projects (6)
Project
The project 'Articulating Law, Technology, Ethics & Politics: Issues of Enforcement and Jurisdiction of EU Data Protection Law under and beyond the GDPR' (ALTEP DP) inquiries into the continuously evolving articulations of law, technology, ethics and politics, searching for a better understanding of the boundaries that separate them, and that they create and sustain. EU data protection law is taken as a starting point, more concretely the landscape delineated by the General Data Protection Regulation (GDPR). This forms the common focus of three intersecting Research Lines (RL), and a transversal Research Line. The first RL investigates the nature of automation as a matter of compliance with the GDPR, focusing on legal provisions that lend themselves to automation and to issues of both technical and legal interpretability. The second RL develops a conceptual framework to address cross-border flows of personal data, especially in international humanitarian action. The third RL explores the increasing role of ethics in European privacy and data protection, and how this affects the complex articulations of law and other practices in democratic constitutional states. Based on these three research lines, a fourth transversal RL will study the role of law, and the way it transforms and evolves, in relation to technology (RL1), politics (RL2) and ethics (RL3). This demands thorough reflection on what characterizes such respective practices as ‘modes of co-existence’, defining society’s capacity to constantly re-constitute itself (RL4). https://lsts.research.vub.be/en/ALTEP_DP
Project