Category Archives: Defamation and Privacy

Call for Papers: Data-Driven Personalisation in Markets, Politics and Law: Southampton Law School, 28 June 2019

We will be holding a workshop on the topic of ‘Data-Driven Personalisation in Markets, Politics and Law’ on Friday 28 June 2019 at Southampton Law School. This is an important emerging area of law that goes well beyond data protection law, raising questions for criminal law, consumer protection, competition and IP law, tort law, administrative […]

Case Law: Linklaters LLP v Mellish, Protecting confidential information in the open

“In a judgment of 5 February 2019, Mr Justice Warby granted Linklaters an interim non-disclosure injunction against a former employee and set a return date hearing (which was heard yesterday). Following the return date hearing, the continuation of the injunction was not opposed and the case was stood over until 22 February 2019, when a […]

‘Canada: Internet Defamation, “Diaspora damages” or damage in a “tightly knit ethnic community”’

“Tightly knit ethnic communities and social media often combine to create a toxic brew of defamatory allegations. Special considerations apply to the assessment of damages in libel actions in Canada where the language in the publication was not English or French …” (more) [David Potts, Inforrm’s Blog, 9 February]

Hoffman and Lampmann, ‘Hushing Contracts’

ABSTRACT The last few years have brought a renewed appreciation of the costs of nondisclosure agreements that suppress information about sexual wrongdoing. Recently passed bills in a number of states, including New York and California, has attempted to deal with such hush contracts. But such legislation is often incomplete, and many courts and commentators continue […]

Anidjar and Mizrahi-Borohovitch, ‘“Let’s Join Forces”: Promoting Privacy and Fairness for Credit Consumers Through Different Branches of Law under the Structure of the Regulatory State’

ABSTRACT This article is devoted to exploring the benefits and risks involved in the credit information sharing system by proposing a novel approach to the design of the legal regimes regulating the permissible collecting, scoring and use of personal information by financial institutions and credit bureaus in the era of big data. Specifically, we suggest […]

Adrian Di Pizzo Chiacchio, La expansión del derecho al olvido digital: efectos de ‘Google Spain’ y el Big Data e implicaciones del nuevo Reglamento Europeo de Protección de Datos

The book is entitled La expansión del derecho al olvido digital: efectos de ‘Google Spain’ y el Big Data e implicaciones del nuevo Reglamento Europeo de Protección de Datos (‘The expansion of the Right to Be Forgotten: effects of Google Spain and Big Data and implications of the new General Data Protection Regulation’ – Atelier, […]

‘What Copyright Might Teach Trade Secrecy’

Joseph P Fishman and Deepa Varadarajan, Similar Secrets, 167 University of Pennsylvania Law Review (forthcoming 2019), available at SSRN. When an employee has had lawful access to her firm’s trade secrets and later uses them when working for a new employer or when starting her own firm, the former employer may well sue her for […]

Yann Padova, ‘Is the right to be forgotten a universal, regional, or “glocal” right?’

INTRODUCTION The ‘right to be forgotten’ (RTBF), introduced by the Court of Justice of the European Union (CJEU) in its Google Spain judgment on 13 May 2014 is being examined again before the Court through 11 preliminary questions submitted by the French administrative supreme court (Conseil d’Etat). The 11 questions directly stem from the uncertainty […]

Ryan Belbin, ‘When Google Becomes the Norm: The Case for Privacy and the Right to be Forgotten’

ABSTRACT The ubiquity of the Internet is inescapable; from online banking and document transmission to social media and video communications, the digital world is becoming increasingly populated. Collective connectivity brings with it unique legal and regulatory challenges that did not exist in a pre-Internet era, particularly given the Internet’s inherent technical complexities and issues around […]

‘Doctor’s right to be forgotten’

“An Amsterdam court has ruled that Google should bring down an unofficial “blacklist” of doctors maintained by a discussion group on the internet. This is said to be the first right to be forgotten case involving medical negligence by a doctor …” (more) [Rosalind English, UK Human Rights Blog, 27 January]