Category Archives: Defamation and Privacy

Lisa Austin, ‘Rereading Westin’

Abstract Alan Westin’s work Privacy and Freedom remains foundational to the field of privacy, and Westin is frequently cited for his definition of privacy as control over personal information. However, Westin’s full definition of privacy is much more complex than this statement, describing four states of privacy (solitude, intimacy, anonymity, and reserve) that one achieves […]

‘Recoverability of CFA success fees in defamation and privacy claims to be abolished (but ATE to remain for now)’

“The government has announced that from 6 April 2019 conditional fee agreement (‘CFA’) success fees will no longer be recoverable from opponents in defamation and privacy claims. The Ministerial Statement made by David Gauke the Lord Chancellor and Justice Secretary can be found here. CFAs – colloquially known as ‘no win, no fee’ agreements – […]

‘A brief introduction to the concept of privacy under English law, Part I’

“Many doctrines under English law form due to common law, also known as judge-made or case law, where a series of legal cases create and form doctrines or principles which underpin legal rights. Privacy emerged as a notion in common law in the 18th century, developing through cases, until in the 20th century it became […]

Maria Tzanou, ‘The Unexpected Consequences of the EU Right to Be Forgotten: Internet Search Engines As Fundamental Rights Adjudicators’

Abstract The right to be forgotten as established in the CJEU’s decision in Google Spain is the first online data privacy right recognized in the EU legal order. This contribution explores two currently underdeveloped in the literature aspects of the right to be forgotten: its unexpected consequences on search engines and the difficulties of its […]

‘Case Law: Various Claimants v WM Morrison Supermarkets, Employer liable for data breach by employee seeking to damage it’

“On 22 October 2018, the Court of Appeal dismissed the supermarket chain’s appeal in the case of Various Claimants v WM Morrison Supermarkets PLC [2018] EWCA Civ 2339, where Morrisons had been held vicariously liable at first instance for a mass data breach caused by the criminal act of a rogue employee. At first instance, […]

‘(Don’t) Think Before You Retweet?’

“Every second, on average, 6,000 tweets are published on Twitter – that’s 500 million tweets per day. Of these millions of tweeters, how many are considering defamation law when they retweet? Probably not many. And yet, one click of a button could land you into legal trouble. In some countries, you could be liable for […]

Yuan Stevens, ‘“Revenge Porn”, Tort Law, and Changing Socio-Technological Realities: A Commentary on Doe 464533 v ND

Abstract In the 2016 decision of Doe 464533 v ND, the Ontario Superior Court further developed the common law tort of invasion of privacy in Ontario. The decision concerned what is colloquially known as ‘revenge porn’. The initial finding of liability on the part of the defendant was celebrated by legal experts, who praised the […]

‘Brexit and Data Protection: Update’

“Panopticon has generally avoided venturing too far into Brexit-related updates: there has invariably been very little by way of actual facts to comment on (not that that has stopped people). But 14 November 2018 does mark something of a landmark, even if by the time you read this it may well all have collapsed like […]

Kamarinou, Millard and Oldani, ‘Compliance as a Service’

Abstract This paper provides an empirical review of GDPR-related marketing communications and data processing agreements of 13 cloud service providers (‘CSPs’). Our analysis focuses on how these agreements reflect and deal with the key data protection obligations imposed on controllers and processors under Article 28 GDPR. More specifically, we discuss issues of engaging sub-processors, complying […]

‘Personal Data as an Environmental Hazard’

Omri Ben-Shahar, ‘Data Pollution’, University of Chicago Public Law & Legal Theory Paper Series, No 679 (forthcoming 2018), available at SSRN. What was the nature of the harm when data on 143 million Equifax consumers was stolen? More generally, what is the problem with personal data use and misuse by commercial players? The most immediate […]