Category Archives: Defamation and Privacy

‘The Problem of Theorizing Privacy’ – Theoretical Inquiries in Law vol 20, no 1 (2019)

Introduction (Alon Jasper, Sama Haddad and Alon Abramovich) Turning Privacy Inside Out (Julie E Cohen) Privacy Law’s Indeterminacy (Ryan Calo) Re-reading Westin (Lisa M Austin) Privacy as Protection of the Incomputable Self: From Agnostic to Agonistic Machine Learning (Mireille Hildebrandt) Schrödinger’s Robot: Privacy in Uncertain States (Ian Kerr) Privacy and Manipulation in the Digital Age […]

‘Case Preview: Stocker v Stocker

“Today, 24 January 2019, five Supreme Court judges (Lord Reed, Lord Kerr, Lady Black, Lord Briggs and Lord Kitchin) will hear Stocker v Stocker UKSC 2018/0045, an appeal against the 12 February 2018 Court of Appeal decision of Lady Justice Sharp, with whom Lord Justice McFarlane and Sir John Laws concurred ([2018] EWCA Civ 170). […]

Zeller, Trakman, Walters and Rosadi, ‘The Right to be Forgotten – The EU and Asia Pacific Experience (Australia, Indonesia, Japan and Singapore)’

ABSTRACT This article explores the right to be forgotten or otherwise known as the right to erasure in the EU and Asia Pacific. The right to be forgotten has quickly become an important concept of data protection law. It allows a person to request that their personal data and information be deleted or removed from […]

Privacy protection in the 21st century: Tilburg University, 14-15 May 2019

In privacy protection, the traditional distinction between private and public physical spaces is becoming less useful in determining what really is protection-worthy. The walls of the home are ‘evaporating’ and it is becoming increasingly more difficult to use them to shield in-home activities. At the same time, through ubiquitous datafication and mobile devices, the home […]

Michael Henderson, ‘Applying Tort Law to Fabricated Digital Content’

INTRODUCTION … This Note will seek to examine the potential legal implications of the misuses of digital fabrication technologies and the ways in which the existing legal framework should be altered to allow victims harmed by the misuse of these technologies to recover damages under a ‘reasonable publisher’ standard. Part I will analyze the development […]

‘A €50m fine imposed on Google by the French DPA’

“Just several days ago we reported about two opinions of Advocate-General Szpunar in cases involving the French data protection authority – Commission for Information Technology and Civil Liberties (CNIL) and the US digital giant Google. We mentioned that both cases concerned the interpretation of the Data Protection Directive, the predecessor of the currently applicable General […]

Arbel and Mungan, ‘The Uneasy Case for Expanding Defamation Law’

ABSTRACT It is axiomatic that defamation law protects reputation. This proposition – commonsensical, pervasive, and influential – is wrong. But it is wrong in a very instructive way, and a careful examination of its mistaken assumptions carries deep lessons for First Amendment jurisprudence, defamation law, and the regulation of falsehoods across legal fields. The key […]

Barbara von Tigerstrom, ‘Direct and Vicarious Liability for Tort Claims Involving Violation of Privacy’

ABSTRACT The growth of actions for violation of privacy presents a significant risk for defendants and an opportunity for civil claims to provide a mechanism for accountability. However, several key issues that would determine the scope of liability remain unsettled. In most cases, courts have concluded that the existence of statutes dealing with personal information […]

‘Case Law: Carruthers v Associated Newspapers, Child Care Chief Fails in Bid to Sue Newspapers for Libel’

“In the case of Carruthers v Associated Newspapers ([2019] EWHC 33 (QB)), the claimant a child welfare chief who worked for the council involved in two major scandals over ill-treatment of children failed in a bid to sue two newspaper publishers for defamation. Mr Justice Nicklin gave News Group Newspapers, publisher of The Sun, and […]

Danielle Keats Citron, ‘Why Sexual Privacy Matters for Trust’

ABSTRACT Every generation’s intimates have their preferred modes of self-disclosure. Not long ago, intimate partners exchanged love letters and mixed tapes. They spent hours on the phone. Today, they text their innermost thoughts, beliefs, and wishes, sometimes with nude photos attached. They engage in sexually-explicit activity via FaceTime and SnapChat. Now, as then, the success and […]