Category Archives: Defamation and Privacy

‘74 screens of legalese don’t protect your data: here’s a blueprint for new laws that could make a difference’

“All over the world, government officials are trying to figure out how to craft laws and regulations about privacy – especially for digital data and online activity. The European Union’s General Data Protection Regulation took effect in May 2018; about a month later, California’s new Consumer Privacy Act did too. Both impose stringent new legal […]

Amanda Cheng, ‘Forget About the Right to be Forgotten: How About a Right to be Different?’

ABSTRACT Every day, people conduct Google searches. More often than people would admit, these searches are for specific individuals. As users, we wish to uncover as much information as possible about the people we search. But as data subjects, we wish to retain our privacy and keep our past in the past. Concerns about data […]

Bilyana Petkova, ‘Privacy as Europe’s First Amendment’

ABSTRACT The protection of universal principles varies across jurisdictions: the prominence of free speech in the United States is undisputed. My argument is that the First Amendment took off only during the New Deal and later, the Civil Rights revolution as an identity‐formation and unifying tool in a deeply divided society. The symbolic significance of […]

‘Online harms white paper misses the mark’

“The UK government has now released its awaited Online Harms White Paper, detailing some potential changes to the law regulating intermediaries to try to curb damaging material found on the Internet. To say that the white paper has been controversial would be an understatement. While there are specific problems with the document, I will concentrate […]

‘Supreme Court considers social media defamation: context is everything’

“Some practitioners were surprised that Stocker v Stocker [2019] UKSC 17 reached the country’s highest court. The appeal concerned the meaning (or imputation) of words in a libel action. At first blush this apparently factual dispute might not have seemed to be a matter of any particular public importance, taking into account the Supreme Court’s […]

‘Publication and Privacy Proceedings CFAs, abolition of success fees, some practical guidance’

“In November 2018, the Government announced that from 6 April 2019 conditional fee agreement (‘CFA’) success fees would no longer be recoverable from opponents in defamation and privacy claims. A statutory instrument (2018 No 1287) gave effect to that announcement. This means that success fees (but not ATE premiums) will cease to be recoverable for […]

Theoretical Inquiries in Law – Special number on Privacy

Privacy Law’s Indeterminacy (Ryan Calo) Turning Privacy Inside Out (Julie Cohen) Re-reading Westin (Lisa 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 (Tal Zarsky) Grappling with ‘Data Power’: Normative Nudges from Data […]

‘Privacy Injunction Statistics for 2018, five applications recorded, substantial reduction from 2017’

“The Ministry of Justice has published the privacy injunction statistics for 2018. These record a total of 5 new interim privacy injunction applications. Of these 3 were granted, one was refused and one was withdrawn. The statistics are to be found in Section 7 of the Civil Justice Quarterly for October to December 2018, published […]

‘Pre-ticked checkboxes NOT informed consent – AG Szpunar in Planet49 (C-673/17)’

“With the entry into force of the GDPR last year, the issues of data processing became more prominent. As many internet users are consumers (AG Szpunar also uses the average consumer notion for internet users in para 113) and many issues of data processing correspond to issues of consumer law, we would like to draw […]

Peter Ormerod, ‘A Private Enforcement Remedy for Information Misuse’

ABSTRACT Misuse of users’ personally identifiable information is persistent and pervasive. This article addresses two questions: Why is information misuse so common and so severe? And how could domestic law change to make it less so? I use a simple model to illustrate that companies externalize information misuse costs onto users, which has two related […]