Abstract
Based on reflections on the concept of biopolitics, the present paper addresses the junctions between self-determination and heteronomy in the encounter between state actors, global corporations, and the private individual. Rulings of the European Court of Justice (ECJ) and the Swiss Federal Administrative Court (FAC) serve as case studies for examining an increasing inequality caused by new technologies. Based on these case studies, we claim that the relationship between law and technology - in this case biotechnology - must be further discussed. Does the latter guide legal innovations or can it rather be described as a “co-evolution of technology and law”? We argue for finding forms of regulation that, while not avoiding inequalities in the tension between rights of freedom and duties to protect, should reduce their effects to a minimum. Keywords: bio-information law - biopolitics - health apps - inequality - quantified self - (self-)surveillance - technology law
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