Category Archives: Defamation and Privacy

Ellen Smith Yost, ‘Tweet, Post, Share … Get Haled into Court? Calder Minimum Contacts Analysis in Social Media Defamation Cases’

ABSTRACT Modern communication has been transformed by ubiquitous social media platforms and near-universal connectivity. Any individual, from any location, can now publish speech to thousands or potentially millions of readers, viewers, or listeners via Twitter, Facebook, Instagram, Snapchat, YouTube, and other social media platforms. For this reason, defamation claims based on social media content are […]

Lee Bygrave, ‘Machine Learning, Cognitive Sovereignty and Data Protection Rights with Respect to Automated Decisions’

ABSTRACT Human behaviour is increasingly governed by automated decisional systems based on machine learning (ML) and ‘Big Data’. While these systems promise a range of benefits, they also throw up a congeries of challenges, not least for our ability as humans to understand their logic and ramifications. This chapter maps the basic mechanics of such […]

‘GDPR Compliance in Light of Heavier Sanctions to Come – at Least in Theory’

“Ridiculously low ceilings on administrative fines hindered the effectiveness of EU data protection law for over twenty years. US tech giants may have seen these fines as a cost of doing business. Now, over two years after the commencement of the European Union’s widely heralded General Data Protection Regulation (GDPR), the anticipated billion-euro sanctions of […]

‘A Duty of Loyalty for Privacy Law’

“It wasn’t supposed to be like this. When the Internet emerged in the mid-1990s, it was heralded as an unprecedented technology of human empowerment; a place where human beings could meet, learn, and express themselves, transforming our society for the better. It was also hailed as a realm of privacy, in which those empowered humans […]

William Magnuson, ‘A Unified Theory of Data’

ABSTRACT How does the proliferation of data in our modern economy affect our legal system? Scholars that have addressed the question have nearly universally agreed that the dramatic increases in the amount of data available to companies, as well as the new uses to which that data is being put, raise fundamental problems for our […]

Saw, Chan and Chai, ‘Revisiting the law of confidence in Singapore and a proposal for a new tort of misuse of private information’

ABSTRACT This article critically examines the recent Court of Appeal decision in I-Admin (Singapore) Pte Ltd v Hong Ying Ting [2020] 1 SLR 1130 and its implications for the law of confidence. The article begins by setting out the decision at first instance, and then on appeal. It argues that the Court of Appeal’s ‘modified […]

Stephen Neville, ‘Eavesmining: A Critical Audit of the Amazon Echo and Alexa Conditions of Use’

ABSTRACT The emergence of smart speakers and voice-activated personal assistants (VAPAs) calls for updated scrutiny and theorization of auditory surveillance. This paper introduces the neologism and concept of ‘eavesmining’ (eavesdropping + data mining) to characterize a mode of surveillance that operates on the edge of acoustic space and digital infrastructure. In contributing to a sonic […]

Leonhard Menges, ‘A Defense of Privacy as Control’

ABSTRACT Even though the idea that privacy is some kind of control is often presented as the standard view on privacy, there are powerful objections against it. The aim of this paper is to defend the control account of privacy against some particularly pressing challenges by proposing a new way to understand the relevant kind […]

Philippe Kuhn, ‘Negotiating Damages after One Step: Employment Team Move and Misuse of Confidential Information Cases’

ABSTRACT This article addresses monetary remedies in employment team move and misuse of confidential information cases. It argues that, after the Supreme Court’s decision in One Step (Support) Ltd v Morris-Garner, negotiating (previously Wrotham Park) damages offer a useful additional compensatory tool in misuse of confidential information cases. They can help overcome some of the […]

‘The defamation “Drag Race” against Laurence Fox’

“On 6 October 2020, Drag Race UK participant Crystal publicly announced her intention to pursue a defamation action against actor and aspiring politician Laurence Fox after calling her a ‘paedophile’ on Twitter. The comment was made in relation to an earlier tweet posted on Sainsbury’s account, which expressed support for Black History Month …” (more) […]