Category Archives: Defamation and Privacy

Lyria Bennett Moses, ‘Who Owns Information? Law Enforcement Information Sharing as a Case Study in Conceptual Confusion’

ABSTRACT This article addresses the real impacts of conceptual confusion surrounding statutory language linking entities and information for purposes such as privacy, freedom of information, archiving, policing and evidence laws. The idea of ownership of information (which is assumed in the statutory allocation of powers of control and responsibilities) is captured in a confusing miscellany […]

‘Reproductive Exceptionalisms’

Dov Fox, Birth Rights and Wrongs: How Medicine and Technology are Remaking Reproduction and the Law (2019). Over the past four decades, people have increasingly turned to reproductive technologies to form their families. As technologies such as egg freezing, in-vitro fertilization, and pre-implantation genetic diagnosis have developed and improved, processes that were once left to […]

Steven Hazel, ‘Privacy Self-Help’

ABSTRACT Today, millions of consumers practice privacy self-help. Some cover their laptop cameras; others communicate through encrypted messaging apps; still others delete sensitive documents. But while self-help has emerged as one of the primary ways that consumers manage privacy risks, it has attracted little scholarly attention. To fill that gap, this Article offers a descriptive […]

Teresa Scassa, ‘A Human Rights-Based Approach to Data Protection in Canada’

ABSTRACT The rapidly changing digital and data landscape has placed increasing pressure on Canada’s existing data protection frameworks. Individual-oriented, consent-based mechanisms no longer seem adequate or appropriate to address the challenges posed by the ubiquitous and continuous harvesting of massive amounts of data through the Internet of Things, and its use in big data analytics, […]

Grace Park, ‘The Changing Wind of Data Privacy Law: A Comparative Study of the European Union’s General Data Protection Regulation and the 2018 California Consumer Privacy Act’

ABSTRACT On May 25, 2018, the European Union’s (EU) General Data Protection Regulation (GDPR) came into effect. The GDPR is expected to reshape web use and overhaul data privacy laws beyond Europe in how businesses and organizations can handle customer and user information. Only a month after, California passed the California Consumer Privacy Act of […]

Patel and Lea, ‘EU-US Privacy Shield, Brexit and the Future of Transatlantic Data Flows’

ABSTRACT This report analyses the issues raised by EU-US commercial data flows, including the future status of the Privacy Shield framework and standard contractual clauses (SCCs). It begins by comparing the systems of data protection in the EU and the US, highlighting key philosophical, legal and practical differences. The next section assesses the history of […]

Jessica Robles, ‘Patel v Facebook, Inc: The Collection, Storage, and Use of Biometric Data as a Concrete Injury under BIPA’

ABSTRACT Facebook, Inc (‘Facebook’) amassed one of the most extensive facial- template databases in the world through the use of facial-recognition technology. However, Facebook is not alone; both private and public sector entities are heavily investing in improving their facial-identification technology. Facial geometry data are unique to each person and can be used to identify […]

‘Case Law: Sube v News Group, Court sets very high bar for harassment by press publication’

“In Sube and Anor v News Group Newspapers Ltd and Anor (Rev 1) [2020] EWHC 1125 (QB) the High Court emphatically rejected a claim for harassment against media organisations. The case highlights the difficulties faced by claimants in harassment proceedings against media organisations, as it must be found that the conduct by the media organisation […]

Danielle Keats Citron, ‘A New Compact for Sexual Privacy’

ABSTRACT Intimate life is under constant surveillance. Firms track people’s periods, hot flashes, abortions, sexual assaults, sex toy use, sexual fantasies, and nude photos. Individuals hardly appreciate the extent of the monitoring, and even if they did, little can be done to curtail it. What is big business for firms is a big risk for […]

Keyur Tripathi, ‘Protection of Privacy in Cyberspace: A Comparative Analysis Between India and USA’

ABSTRACT In recent years, these concerns have escalated in India, USA and other economies, particularly due to the rapid commercialization of the Internet and the development of new and more powerful information technologies. Cyberspace is shorthand for the web of consumer electronics, computers, and communication networks that interconnects the world. Privacy is the need of […]