Category Archives: Defamation and Privacy

Van Gulijk and Hulstijn, ‘Ensuring Data Protection by Private Law Contract Monitoring: A Legal and Value-Based Approach’

Abstract Current legal frameworks for data protection are based on public law. They have a number of flaws. The notion of informed consent does not work in practice. Public legislation only covers the protection of personal data, but it doesn’t cover data about groups and it doesn’t cover conditions on usage of data for certain […]

‘No compensation for Google data breaches’

“Most of us resignedly consent to the use of cookies in order to use internet sites, vaguely aware that these collect information about our browsing habits in order to target us with advertisements. It’s annoying, but does it do us any harm? That is the question that came up before Warby J in a preliminary […]

Bennett and Wragg, ‘Was Richard v BBC correctly decided?’

Introduction The recent judgment in Richard v BBC is already proving to be enormously controversial. Although only a High Court decision, it has generated the sort of debate, both in academic commentary and the popular press, not seen in a long time in privacy law. It even eclipses the reaction to Max Mosley’s successful claim […]

Naomi Hawkins and Timon Hughes-Davies, ‘Striking a balance: resolving conflicts between the duty of confidentiality and duties to third parties in genetics’

Abstract Genetic information is relevant not only to the patient, but also to their family. Where a patient refuses to share that information with family members, then their legal rights may conflict. This paper focuses on that conflict between the rights of individuals and the rights of third parties. We first examine the nature of […]

FitzPatrick, Adde and Moir, ‘High Court of England and Wales considers “right to be forgotten” for the first time’

Abstract NT1, NT2 v Google LLC [2018] EWHC 799 (QB). When applying the Google Spain ‘balancing exercise’ between data subjects’ ‘right to be forgotten’ and the rights of internet search engines in delisting claims, the scales are to be held in equal balance initially (ie neither privacy nor freedom of expression has precedence over the […]

Stanescu and Ievchuk, ‘Alexa, Where Is My Private Data? Unanswered Legal and Ethical Questions Regarding Protection and Sharing of Private Data Collected and Stored by Virtual Private Assistants’

Abstract Virtual assistants are a constant presence in our day to day life. Fast technological advancements have increased their usage and capabilities. Depending on the provider, these assistants now know our daily schedule, plan our doctor appointments, do our shopping, play our music lists, control our smart devices/houses, make phone-calls and record our conversations. However, […]

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 […]

Case Law, Australia: Wagner v Harbour Radio Pty: Defamatory radio broadcasts result in largest ever damages award, $3.7m

“In the case of Wagner and ors v Harbour Radio and ors ([2018] QSC 201) the Supreme Court of Queensland awarded a record total of $3.7 million to four brothers over comments made by controversial broadcast Alan Jones in 27 radio broadcasts which conveyed 76 defamatory imputations in relation to the collapse of a dam […]

Andrea Slane, ‘Search Engines and the Right to be Forgotten: Squaring the Remedy with Canadian Values on Personal Information Flow’

Abstract The Office of the Privacy Commissioner of Canada (‘OPC’) recently proposed that Canada’s private sector privacy legislation should apply in modified form to search engines. The European Union (‘EU’) has required search engines to comply with its private sector data protection regime since the much-debated case regarding Google Spain in 2014. The EU and […]

NA Moreham, ‘Unpacking the reasonable expectation of privacy test’

Introduction … The article is developed in four main stages. It begins by making two preliminary points about how the reasonable expectation of privacy test works: first, that that test entails a normative enquiry focusing on what ‘privacy protection’ the claimant deserves and secondly, that reasonable expectations of privacy are significantly affected by context. The […]