Category Archives: Defamation and Privacy

Goldenfein, Green and Viljoen, ‘Privacy Versus Health is a False Trade-off’

ABSTRACT As tech firms team up with governments to fight the coronavirus pandemic, we’re being asked to accept a trade-off between our digital privacy and our health. It’s a false choice: we can achieve the public health benefits of data without accepting abusive and illicit surveillance. Goldenfein, Jake and Green, Ben and Viljoen, Salome, Privacy […]

Young and Laidlaw, ‘Creating a Revenge Porn Tort for Canada’

ABSTRACT The authors were asked by the Uniform Law Conference of Canada to help create a model tort for the non-consensual distribution of intimate images (NCDII), sometimes known as revenge porn. Five Canadian provinces already have such torts, and they are relatively traditional actions for damages requiring the plaintiff to prove that the image is […]

‘GDPR is two years old but still lacking resources’

“GDPR was meant to change everything in terms of data privacy. But as the second anniversary of the much-hyped data protection rules are marked, a key question is whether it has been a success or not. Yes and no, would seem to be the answer …” (more) [Irish Times, 26 May]

Robert Diab, ‘Search Engines and Global Takedown Orders: Google v Equustek and the Future of Free Speech Online’

ABSTRACT The Supreme Court’s decision in Google v Equustek (2017) to uphold a global content takedown order remains controversial and consequential to wider debates about governing the internet. This commentary examines the Court’s underlying assumption – a common view in takedown jurisprudence – that where a portal directs a critical mass of users to a […]

‘Privacy rights and social media: can a person be prohibited from sharing online a picture of her grandson?’

“From recreation of famous paintings using household materials to baking sourdough breads with home-made starters: the lockdown has prompted many of us to explore new hobbies. So, too, this Kat. The curiosity spread to the legal domain, and I was grateful to do some reading on issues outside my regular expertise. Some of it resulted […]

Ian Freckelton, ‘Internet Disruptions in The Doctor-Patient Relationship’

ABSTRACT The ubiquitous access by patients to online information about health issues is disrupting the traditional doctor–patient relationship in fundamental ways. The knowledge imbalance has shifted and the last nails are being hammered into the coffin of medical paternalism. Ready access to Dr Google has many positive aspects but the risk of undiscerning acceptance by […]

Noam Kolt, ‘Return on Data: Personalizing Consumer Guidance in Data Exchanges’

ABSTRACT Consumers routinely supply personal data to technology companies in exchange for services. Yet, the relationship between the utility (U) consumers gain and the data (D) they supply – ‘return on data’ (ROD) – remains largely unexplored. Expressed as a ratio, ROD = U / D. While lawmakers strongly advocate protecting consumer privacy, they tend […]

Benjamin Sobel, ‘HiQ v LinkedIn, Clearview AI, and a New Common Law of Web Scraping’

ABSTRACT The Clearview AI facial recognition scandal is a monumental breach of privacy that arrived at precisely the wrong time. A shadowy company reportedly scraped billions of publicly-available images from social media platforms and compiled them into a facial recognition database that it made available to law enforcement and private industry. To make matters worse, […]

Miranda Mourby, ‘Anonymity in EU Health Law: Not An Alternative to Information Governance’

ABSTRACT Data sharing has long been a cornerstone of healthcare and research and is only due to become more important with the rise of Big Data analytics and advanced therapies. Cell therapies, for example, rely not only on donated cells but also essentially on donated information to make them traceable. Despite the associated importance of […]

David Erdos, ‘Dead Ringers? Legal Persons and the Deceased in European Data Protection Law’

ABSTRACT Notwithstanding suggestions that the treatment of legal and deceased person data during European data protection’s development has been broadly comparable, this paper finds that stark divergences are in fact apparent. Despite early fusion, legal persons have been increasingly seen to have lesser and, more importantly, qualitatively different information entitlements compared to natural persons, thereby […]