Towards a simple mathematical model for the legal concept of balancing of interests.

Frederike Zufall, Rampei Kimura, Linyu Peng

Abstract read

In one paragraph

Article in Artificial intelligence and law, 2023. The graph could read no effect estimate from its abstract, so it casts no vote on the map. Cited by 1 paper.

0numbers the graph read from it

0cells of the map it votes in

1citing papers in PubMed

–field-weighted citation impact

1 · What the graph read from it

What it found

Each row is one number read from the abstract, on the scale the paper reported it, with its interval. Left of the dashed line favours the treatment, right favours the comparator. Under each row is the sentence it came from. New to these charts? A ten-minute tutorial.

The abstract states no effect estimate the extractor could read, or names no intervention and outcome on the map, so this paper lights no cell and moves no belief. It is still indexed, cited and linked below.

2 · The registry

The trial behind it

Trials whose registry record cites this paper, or whose number appears in the abstract. A trial that started after this paper was published is citing it as background, not reporting it.

Neither the registry nor the abstract names a trial number. If this is a trial report, that itself is worth knowing.

3 · Its place in the literature

Who cites it

1 citing paper in PubMed.

Towards a simple mathematical model for the legal concept of balancing of interests.Artificial intelligence and law · 2023
Article

4 · The record

Corrections and comments

PubMed lists nothing against this paper. Absence here is not a guarantee, only a check that was made.

5 · Who and what money

Authors and funding

3 authors.

Frederike Zufall *Max Planck Institute for Research on Collective Goods, Bonn, Germany.ORCID https://orcid.org/0000-0003-4529-1596

Rampei Kimura *Waseda Institute for Advanced Study, Waseda University, Tokyo, Japan.ORCID https://orcid.org/0000-0002-8572-4336

Linyu Peng *Waseda Institute for Advanced Study, Waseda University, Tokyo, Japan.ORCID https://orcid.org/0000-0002-9255-8575

Funding

No grant is acknowledged in the PubMed record.

6 · The paper itself

Abstract

We propose simple nonlinear mathematical models for the legal concept of balancing of interests. Our aim is to bridge the gap between an abstract formalisation of a balancing decision while assuring consistency and ultimately legal certainty across cases. We focus on the conflict between the rights to privacy and to the protection of personal data in Art. 7 and Art. 8 of the EU Charter of Fundamental Rights (EUCh) against the right of access to information derived from Art. 11 EUCh. These competing rights are denoted by ( Supplementary Information: The online version contains supplementary material available at 10.1007/s10506-022-09338-3.

Indexed as

Balancing of interestsMathematical modelRight to accessRight to the protection of personal dataWeight formula

Identifiers

PMID37873494

DOI10.1007/s10506-022-09338-3

PMCPMC10590319

What OpenQuestion holds

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LicenceCC BY

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Registered trials

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Read under generation 80e0d062 · epoch 390. Bibliography from PubMed, PubMed Central and OpenAlex; grants from NIH RePORTER; trial links from ClinicalTrials.gov; estimates, votes and beliefs from the OpenQuestion graph.