A Scenario to Acquaint with the Problem of Engineering Compliant Software
Volume 1, Issue 2 (2013), pp. 79–92
Pub. online: 4 August 2022 Type: Article Open Access
4 August 2022
4 August 2022
Section 1 of this paper follows entirely a scenario from the article “Engineering Compliant Software: Advising Developers by Automating Legal Reasoning” by D. Oberle, F. Drefs, R. Wacker, C. Baumann and O. Raabe, SCRIPTed (2012) 9:3, 280–313, where it serves as a running example. It demonstrates that data transfer violates the law. This motivating scenario has added value in the education of software developers and is worth sharing with the computer communities of other countries including Lithuania. In the scenario, the continental law and EU law sways the particularities of the German law. The motivation for teaching the scenario can be compared with teaching concrete cases in the study of law. Legal reasoning is demonstrated by supplementing the provisions of the German Federal Data Protection Act (FDPA) with those of the Lithuanian Law on Legal Protection of Personal Data, which have the same meaning. In Section 3, we attempt to formulate the software compliance problem. Finally, we explain the notion of subsumption – a legal qualification of facts according to a norm’s circumstance. We consider subsumption to consist of two notions: terminological subsumption and normative subsumption.