Category Archives: Defamation and Privacy

Chatterjee and Sokol, ‘Data Security, Data Breaches, and Compliance’

ABSTRACT This chapter explores the attributes of compliance in the context of data breaches. First, it identifies the sort of corporate governance problem that data breaches create. Then, it approaches the empirical work related to data breaches and to the organization of compliance-based responses in terms of risk assessment, training and compliance, both preemptively and […]

‘Australia’s proposed defamation law overhaul will expand media freedom: but at what cost?’

“On 29 November 2019, Australia’s attorneys-general agreed on proposed amendments to the provisions which underpin Australian defamation laws. This means Australian governments have a plan for how to change defamation law. Politicians are spinning this as a ‘modernisation’ of laws that haven’t been changed in 15 years …” (more) [Michael Douglas, Inforrm’s Blog, 7 December]

Ignacio Cofone, ‘Nothing to hide, but something to lose’

ABSTRACT ‘I have nothing to hide’ is among the most common and controversial arguments against privacy. This article shows why the argument is mistaken on its own terms. To do so, it constructs a model combining the standard economic argument – that only people with ‘something to hide’ will value privacy – with a concept […]

‘Contracting for Personal Data’

“Should traditional rules of contract law apply to transactions in markets for personal data involving consumers? The protection of consumer information in the United States (US) has followed a ‘Notice and Choice’ approach, which encouraged businesses to outline their information privacy practices, including the rights and risks associated with the collection, use, sharing, and security […]

Rebecca Crootof, ‘The Internet of Torts: Expanding Civil Liability Standards to Address Corporate Remote Interference’

ABSTRACT Thanks to the proliferation of internet-connected devices that constitute the ‘Internet of Things’ (‘IoT’), companies can now remotely and automatically alter or deactivate household items. In addition to empowering industry at the expense of individuals, this remote interference can cause property damage and bodily injury when an otherwise operational car, alarm system, or implanted […]

‘Defamation Update: Serious Harm, Lachaux and Beyond’

“Section 1(1) of the Defamation Act 2013 provides that ‘A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant’. As Warby J said in Doyle v Smith [2018] EWHC 2935 (QB) – ‘This is a beguilingly simple sentence. Inevitably, though, there was […]

Anthony Gray, ‘Three suggested amendments to Australia’s defamation laws’

ABSTRACT The Council of Attorneys-General is currently reviewing Australia’s existing uniform defamation laws. This article suggests three significant reforms that would improve the existing law. € Anthony Gray, Three suggested amendments to Australia’s defamation laws, Alternative Law Journal. First Published December 2, 2019. https://doi.org/10.1177/1037969X19887560.

‘Australia’s proposed defamation law overhaul will expand media freedom – but at what cost?’

“Last Friday, Australia’s attorneys-general agreed on proposed amendments to the provisions which underpin Australian defamation laws. This means Australian governments have a plan for how to change defamation law. Politicians are spinning this as a ‘modernisation’ of laws that haven’t been changed in 15 years. Whether or not this would ‘modernise’ the law, these are […]

Yuxiao Duan, ‘China’s Private Law Approach to Personal Data Protection’

ABSTRACT In recent years, Chinese society is more aware of personal data protection. Although China has introduced and refined legal provisions to deal with issues such as data breach, illegal data collection, processing and disclosure, a number of problems still exist and arouse great controversy. Chinese laws and regulations are confronted with enormous pressure. In […]

Matthew Seligman, ‘Personalized Choice of Private Law’

ABSTRACT Personalized choice of private law is a new framework for designing the legal rules that govern transactions and interactions between private parties. It addresses a pervasive theoretical and practical problem in private law: Under modern commercial conditions, many people do not actually consent to important terms of their contracts and other interactions with firms. […]