Category Archives: Defamation and Privacy

de Hert and Papakonstantinou, ‘The rich UK contribution to the field of EU data protection: Let’s not go for “third country” status after Brexit’

Abstract: The die is cast. At the time of drafting this paper the so-called Brexit, the exit of the UK from the EU, seems like a certainty after the poll results of 23 June 2016. Within such historic, indeed seismic, developments data protection seems but a minor issue, a footnote to a world-changing chapter waiting […]

‘Insurance as the Big Bad Wolf of Big Data’

Max N Helveston, Consumer Protection in the Age of Big Data, 93 Washington University Law Review 859 (2016). In this insightful and well-researched article, Consumer Protection in the Age of Big Data, Professor Max Helveston arguably has opened stage two of a movement in contracts scholarship assessing the dangers and opportunities presented by large scale […]

Stuart Hargreaves, ‘“Relational Privacy” and Tort’

Abstract: This article argues that the current interpretation given to the four-part invasion of privacy framework by the courts is inadequate in the face of modern privacy challenges. In particular, it struggles with claims for privacy over public matters or other ‘non-secret’ matters in which an individual may nonetheless have some ongoing privacy interest. This […]

David Mead, ‘A socialised conceptualisation of individual privacy: a theoretical and empirical study of the notion of the “public” in UK MoPI cases’

Abstract: This article conceptualises a more public, more socialised notion of privacy in contrast to the archetype: that my privacy is of interest and value only to me. Doing so has historically left claims to privacy exposed against claims to free speech, with its long pedigree and generally acknowledged wider instrumental role. This article provides […]

Kelly and Satola, ‘The Right to Be Forgotten’

Abstract: The right to be forgotten refers to the ability of individuals to erase, limit, delink, delete or correct personal information on the Internet that is misleading, embarrassing, irrelevant or anachronistic. This legal right was cast into the spotlight by the European Court of Justice decision in the Google Spain case, confirming it as a […]

‘Damages and compensation for invasion of privacy and data protection infringements’

“The saga in Bollea v Gawker shows two remedies for invasion of privacy. Hulk Hogan (real name, Terry Gene Bollea), is a former professional wrestler and American television personality. Gawker was a celebrity news and gossip blog based in New York. In October 2012, Gawker posted portions of a secretly-recorded video of Hogan having sex […]

Samson Esayas, ‘The idea of “emergent properties” in data privacy: towards a holistic approach’

Abstract: This article applies lessons from the concept of ‘emergent properties’ in systems for data privacy law. This concept, rooted in the Aristotelian dictum ‘the whole is more than the sum of its parts’, where the ‘whole’ represents the ‘emergent property’, allows systems engineers to look beyond the properties of individual components of a system […]

Beata Safari, ‘Intangible Privacy Rights: How Europe’s GDPR Will Set a New Global Standard for Personal Data Protection’

Introduction: … Part II explores the goals of the Data Protection Directive and the Safe Harbor Framework, as well as some of their major criticisms, leading to the adoption of the new GDPR and the EU-US Privacy Shield. Part III breaks down strengths and weaknesses of the GDPR, introduces the cases which influenced change in […]

Eric Tjong Tjin Tai, ‘The Right to Be Forgotten – Private Law Enforcement’

Abstract: Private law enforcement of the right to be forgotten should be considered in light of the general characteristics of private law. This highlights advantages and limitations, and underlines the need to explicate the actual interests involved in the right to be forgotten. As case law and real-life examples show, enforcement is mostly feasible but […]

John Dowdell, ‘An American Right to Be Forgotten’

Introduction: … Part II of this note frames the issues it seeks to resolve, and then examines Europe’s cultural history regarding privacy — including legislation and case law – and explains the development of the right to be forgotten. Part III notes the spread of the right to be forgotten into the Western Hemisphere, and […]