Category Archives: Defamation and Privacy

Václav Janeček, ‘Ownership of Personal Data in the Internet of Things’

Abstract This article analyses, defines, and refines the concepts of ownership and personal data. It critically examines the traditional dividing line between personal and non-personal data and argues for a strict conceptual separation of personal data from personal information. The article also considers whether, and to what extent, the concept of ownership can be applied […]

Agi and Jullien, ‘Is the Privacy Paradox in Fact Rational?’

Abstract Research on the privacy paradox – the dichotomy between individuals’ intentions to disclose personal information and their actual disclosure behavior – has become popular as policy makers have been working on privacy laws. This article provides a literature review of the privacy paradox across fields of study. Many researchers have explored the privacy paradox […]

‘Privacy’

“The term ‘privacy’ is used frequently in ordinary language as well as in philosophical, political and legal discussions, yet there is no single definition or analysis or meaning of the term. The concept of privacy has broad historical roots in sociological and anthropological discussions about how extensively it is valued and preserved in various cultures. […]

‘The Dead’s Online Accounts’

Alberto B Lopez, Posthumous Privacy, Decedent Intent, and Post-Mortem Access to Digital Assets, 24 George Mason Law Review 183 (2016). In Posthumous Privacy, Decedent Intent, and Post-Mortem Access to Digital Assets, Alberto B Lopez discusses a distinctly modern problem: how much access should a personal representative have to decedent online accounts? Surprisingly few states have […]

‘Money For Your Life: Understanding Modern Privacy’

Stacy-Ann Elvy, Paying for Privacy and the Personal Data Economy, 117 Columbia Law Review 1369 (2017). The commercial law of privacy has long occupied a relatively marginal place in modern legal scholarship, situated in gaps among doctrinal exposition, critical conceptual elaboration, and economically-motivated modeling. Much of the explanation for the omission is surely technological. Until […]

Mark MacCarthy, ‘Privacy Policy and Contextual Harm’

Abstract This paper describes a way to make social theories of privacy useful and relevant for policy guidance. Privacy as a human right draws on the well-developed rhetoric and style of argumentation of the international human rights movement. Privacy as harm prevention plausibly draws on the utilitarian tradition of assessing the costs and benefits of […]

Custers, Dechesne, Sears, Tani and van der Hof, ‘A Comparison of Data Protection Legislation and Policies Across the EU’

Abstract Although the protection of personal data is harmonized within the EU by Directive 95/46/EC and will be further harmonized by the General Data Protection Regulation (GDPR) in 2018, there are significant differences in the ways in which EU member states implemented the protection of privacy and personal data in national laws, policies, and practices. […]

Adam Slavny, ‘The Normative Foundations of Defamatory Meaning’

Abstract This paper assesses normative arguments regarding four views about defamatory meaning. The moralised view holds that a statement about a person is defamatory if and only if we ought to think less of that person if the statement is true. The nonmoralised view holds that a statement is defamatory if and only if people […]

Eoin O’Dell, ‘Comparative Defamation and Privacy Law – Irish Perspectives’

Abstract This piece is a review article of Andrew T Kenyon (ed) Comparative Defamation and Privacy Law (Cambridge University Press, 2016). In the Preamble to Bunreacht na hÉireann (the Irish Constitution), the People declare that they adopted the Constitution in 1937 so that ‘that the dignity and freedom of the individual may be assured’. The […]

Bart van der Sloot, ‘Where is the Harm in a Privacy Violation? Calculating the Damages Afforded in Privacy Cases by the European Court of Human Rights’

Abstract It has always been difficult to pinpoint what harm follows a privacy violation. What harm is done by someone entering your home without permission, or by the state eavesdropping on a telephone conversation when no property is stolen or information disclosed to third parties? The question is becoming ever more difficult to answer now […]