Category Archives: Defamation and Privacy

Susy Bello Knoll, ‘Photoshop and The (Virtual) Body of Models’

ABSTRACT In this paper, Photoshop is analyzed with a special focus on the bodies of models and a detailed analysis on the legal issues posed by this specific area. For the sake of a thorough development of the topic of this paper, it is necessary to define relevant concepts such as photography and personal image. […]

Parsheera and Moharir, ‘Personal Data and Consumer Welfare in the Digital Economy’

ABSTRACT Safeguarding user rights and maximising consumer welfare in the digital economy, particularly in the context of personal data, requires an integrated approach that cuts across the fields of competition, consumer protection, and data protection. While the legal interventions in each of these fields are geared towards securing better outcomes for individuals, often in their […]

Special number of the German Law Journal on ‘Right to be forgotten: BVerfG judgment’

Backlash against the Court of Justice of the EU? The Recent Jurisprudence of the German Constitutional Court on EU Fundamental Rights as a Standard of Review (Dana Burchardt) The Constitutional Status of Karlsruhe’s Novel ‘Jurisdiction’ in EU Fundamental Rights Matters: Self-inflicted Institutional Vulnerabilities (Karsten Schneider) The Federal Constitutional Court Rules for a Bright Future of […]

Rossana Ducato, ‘Private Ordering of Online Platforms in Smart Urban Mobility: The Case of Uber’s Rating System’

ABSTRACT Rating and review systems are a self-regulatory mechanism widely used by online platforms, especially in the smart mobility sector. Such systems have already been analysed in empirical studies and legal contributions, in particular in the fields of consumer law, labour law and competition law. This chapter aims to make an original contribution to the […]

Michèle Finck and Frank Pallas, ‘They who must not be identified – distinguishing personal from non-personal data under the GDPR’

ABSTRACT In this article, we examine the concept of non-personal data from a law and computer science perspective. The delineation between personal data and non-personal data is of paramount importance to determine the GDPR’s scope of application. This exercise is, however, fraught with difficulty, also when it comes to de-personalized data – that is to […]

Ausloos, Mahieu and Veale, ‘Getting Data Subject Rights Right’

ABSTRACT We are a group of academics active in research and practice around data rights. We believe that the European Data Protection Board (EDPB) guidance on data rights currently under development is an important point to resolve a variety of tensions and grey areas which, if left unaddressed, may significantly undermine the fundamental right to […]

Rocio de la Cruz, ‘Privacy Laws in the Blockchain Environment’

ABSTRACT The compatibility between emerging technology such as Blockchain and the new data protection obligations has been a matter of discussion since the European General Data Protection Regulation (‘GDPR’) came into force back in 2018. The main reason is that GDPR is considered the Regulation that has incorporated the strongest obligations and enforcement consequences. There […]

Crystal and Medvedev, ‘No Harm Does Not Mean No Foul: The Justification for Moral and Symbolic Damages in Hospital Privacy Breach Class Actions’

ABSTRACT Select critics have opposed moral and symbolic damages for privacy breaches committed to hospital patients. The authors argue that the recent trend of cases supports nominal damages even when there is no existence of traditional harm. The authors limit themselves to recent case law and propose a new model of classification for hospital privacy […]

Gal and Aviv, ‘The Unintended Competitive Consequences of the GDPR’

ABSTRACT The GDPR is the Magna Carta of data protection, the importance of which cannot be overstated. Yet, as this article shows, the price of data protection through the GDPR is much higher than previously recognized. The GDPR creates two main harmful effects on competition and innovation: it limits competition in data markets, creating more […]

Heleen Janssen, ‘An approach for a fundamental rights impact assessment to automated decision-making’

ABSTRACT Companies expect great and promising benefits from automated decision-making with personal data; however, scientific research indicates that legal uncertainty exists among private controllers with the interpretation of provisions relevant to automated decision-making under the General Data Protection Regulation (GDPR). Article 35 GDPR obliges private controllers to execute a Data Protection Impact Assessment (DPIA) prior […]