數位治理與個人權益保護：從私生活到公領域(英文授課)

1. Social Background This course centers on a core question: as citizens in the public sphere—and as consumers in civil life—what risks do we face in the digital era, and what digital laws have been, or should be, designed to protect our individual rights? A digital consumer and a digital citizen are two sides of the same coin: the same individual assuming different roles in the online environment. As a digital consumer, a person engages with digital markets by searching for, purchasing, and selling products online. As a digital citizen, that same person participates in the shaping of public policy by sharing information and creating digital content. Since individuals inevitably possess both identities, research must approach the topic from these two perspectives simultaneously in order to gain a full understanding of issues related to digital technology. 2. Course Goals With the two complementary angles in mind, this course aims to help students to understand and respond to the various challenges posed by digital technologies. The course is organized into two modules—Civic Life and the Public Sphere—and covers six specific topics. The primary analytical lenses are constitutional law, competition law, and consumer protection law; instruction consists of brief lectures and case discussions centered on current controversial issues. This English-taught, intensive course will be offered in a blended format from late December 2026 to January 2027; in-person attendance is encouraged, but online participation is permitted with the instructor’s approval. Chinese-language support is available upon request. Assessment consists of class participation (40%) and a final paper (60%). 3. Modulars Module I: Digital Consumer Topic 1: The Architecture of the Digital Technology and its Risks This class explores how digital systems are built—data-driven business model—and how these choices affect our civil life. It first explains how data-driven can risk consumers by profiling, surveillance, cross-context data use, and the creation of sensitive inferences about consumers’ vulnerabilities. It then moves on to explore what existing legal tools such as competition law, consumer protection law, and data protection regulations have been amended to elimiate the identified risks. Finally, this class invites all participants to evaluate effectiveness of currnet regulations and articulate future polices to fill the possible gaps. Topic 2: Consumer Manipulation—Do Consumer Still Have Choices? in the Digital World This class begins by distinguishing between the concepts of persuasion and manipulation. The former refers to transparent attempts to influence preferences or behavior while allowing consumers to retain meaningful choice, whereas the latter involves covert or deceptive techniques that undermine informed and voluntary decisionmaking. With this distinction in mind, the class then introduces key mechanisms of digital manipulation, including dark patterns, algorithmic ranking, gamification, and reward schedules. Building on this foundation, the class guides students in assessing whether current consumer protection law and unfair-practice rules under competition law are adequate to tackle these issues. In addition, students will be invited to identify real-world enforcement challenges and explore possible solutions. Topic 3: Consumer Vulnerability—Who Can Save Me? This class explains why data-driven consumer vulnerability arises in both individual and structural senses, and then discusses how current digital consumer protection law can reduce these risks. It focuses particularly on groups such as children, elderly consumers, people with disabilities, and financially distressed individuals, who may be especially exposed to manipulation, targeted advertising, exclusion, or unfair treatment. The class then examines whether existing legal frameworks, including the AI Act, data protection law, consumer protection law, and anti-discrimination rules, can address these risks by prohibiting exploitative practices, requiring transparency, limiting unlawful profiling, and regulating high-risk AI systems that generate or intensify consumer vulnerability. Module II: Digital Citizen Topic 4: Participate in Public Affairs— Who Still Dares to Speak? Chilling Effects and Public Participation in the Digital Age This class explores how digital platforms have become central spaces for public debate, and how their rules shape who speaks and who is heard. It examines chilling effects that deter individuals from meaningful participation in public affairs. The class then considers how constitutional law and legal tools—through protections for free expression, political rights, and procedural safeguards to enable pluralistic debate—can inform digital governance frameworks that better protect and promote public participation in the digital age. Topic 5: Right to Equality—Who Benefits from Datafication—and Who Gets Left Behind? Algorithmic Bias and Discrimination This class examines how algorithm based decisions access to work, credit and other opportunities, and how these systems deepen existing social hierarchies. It analyzes risks such as biased training data, opaque models, proxy discrimination impacts on marginalized groups. The class then considers how constitutional equality and non-discrimination guarantees—together with doctrines on positive obligations and horizontal effect—can guide regulatory and institutional responses to algorithmic bias and promote more inclusive, rights-consistent uses of data. Topic 6: Right to Access Goods and Services— Who Is Left at the Door? Barriers to the Right to Access Goods and Services This class explores how the digitalization of essential goods and services—from banking and retail to public services and utilities—reshapes who can effectively participate in economic and social life. It examines risks such as digital exclusion and the delegation of key access decisions to private platforms. The class then considers how constitutional guarantees related to dignity, including possible positive obligations of the state, can inform regulatory and institutional measures to secure more effective access to essential goods and services in the digital age. [中文課程摘要] 本課程旨在探討：身兼公民（公共事務）及消費者（私生活領域）的我們，在數位時代中可能面臨哪 些風險？又有哪些數位法律已制定或應被制定以保障個人權利？數位消費者與數位公民是一體兩面的 概念。在數位消費者身份上，個人透過線上搜尋、購物及出售商品等方式參與市場運作。在數位公民 身份上，個人則透過分享資訊與創作內容等方式參與公共政策的形成。由於個人必然具有此二身份， 因此研究上需同時從這二面向切入，方能一窺數位科技議題的全貌。 從公民與消費者二角度出發，本課程幫助學生理解並能回應數位科技所帶來的各種挑戰。本課程分為 兩個模組：公民生活與公共領域，涵蓋六個具體主題。課程主要以憲法、競爭法與消費者保護法作為 分析基礎，並透過課程講授與針對當前議題的案例討論進行教學。本課程為英語密集授課。課程預計 於 2026 年 12 月下旬至 2027 年 1 月期間開設，以實體與線上方式進行（鼓勵實體到場，亦可得授課教 師同意後線上參與）。本課程提供中文課程協助，評量方式為課堂參與（30%）與期末報告（70%）。

9/11上午10:00，課程說明會，歡迎連線參加︰https://nctulaw.webex.com/nctulaw-tc/j.php?MTID=m575375cafbe05083520a86fe171f27c4 Course Information Session: September 11 at 10:00 a.m. All are welcome to join online︰https://nctulaw.webex.com/nctulaw-tc/j.php?MTID=m575375cafbe05083520a86fe171f27c4 ------------ None. Prior study of constitution, consumer protection and competition law is useful but not required ------------ 請特別注意！ 本課程因配合外籍教師來臺時間，上課日期及時間安排於1月4日至2月1日期間，上午9:30至中午12:30。詳細上課日期及時間請參閱每週進度表。請務必確認可配合相關上課安排後再行選修。 Important Notice: To accommodate the visiting international instructor’s schedule in Taiwan, this course will be held between January 4 and February 1, from 9:30 AM to 12:30 PM. Please refer to the weekly course schedule for the specific class dates and times. Please make sure that you are able to attend the scheduled classes before enrolling.

無備註

This is a lecture course that will primarily be taught in English. Chinese instruction is available upon student request. Students will be assigned reading materials before each class. Synchronous classes are open, and online students will be graded in the same manner as those attending in person.

Grades will be assigned in accordance with the following: (1) Attendance: 20%. In-person attendance is strongly preferred but not required. (2) Participation and performance in class discussions: 20%. (3) Final paper: 60%.

教師未提供此項資料

Course Materials Class slides (mainly) and assigned cases

地點

教師未提供此項資料

時間

Office hours: By appointment

聯絡方式

Email: chengsr1129@gmail.com