Category Archives: Defamation and Privacy

‘Important new High Court judgment on data breach litigation’

“The High Court (Saini J) has today handed down judgment in Warren v DSG Retail Ltd [2021] EWHC 2168 (QB). It is pithy and important stuff for data protection litigation, especially as regards accidental data breaches and the recoverability of ATE premiums. The case concerned a low-value claim brought against Dixons Carphone (‘DSG’) in relation […]

Jordan, Narasimhan and Hong, ‘Deficiencies in the Disclosures of Privacy Policies’

ABSTRACT Development of a comprehensive legal privacy framework in the United States should be based on identification of the common deficiencies of privacy policies. We attempt to delineate deficiencies by critically analyzing the privacy policies of mobile apps, application suites, social networks, Internet Service Providers, and Internet-of-Things devices. Whereas many studies have examined readability of […]

Penzo and Selvadurai, ‘A hard fork in the road: developing an effective regulatory framework for public blockchains’

ABSTRACT Over the past decade, public blockchains have emerged as innovative, technology platforms capable of highly secure and sophisticated peer-to-peer online transmission of data between unknown parties. However, public blockchains challenge traditional regulatory models that assume centralised, single points of control facilitated via established intermediaries. In such a context, the present paper analyses the potential […]

Scott Jordan, ‘Aligning Legal Definitions of Personal Information with the Computer Science of Identifiability’

ABSTRACT The computer science literature on identification of people using personal information paints a wide spectrum, from aggregate information that doesn’t contain information about individual people, to information that itself identifies a person. However, privacy laws and regulations often distinguish between only two types, often called personally identifiable information and de-identified information. We show that […]

Alex Long, ‘All I Really Need to Know About Defamation Law in the 21st Century I Learned From Watching Hulk Hogan’

ABSTRACT If there is a body of law that is ripe for reappraisal in light of changing times, it is defamation law. Changes in how news is reported and entertainment is produced have blurred some of the traditional legal rules regarding the distinction between actionable fact and non-actionable fiction. At the same time, advances in […]

Zihao Li, ‘Standardisation of Blockchain and Distributed Ledger Technologies – A Legal Voice from the Data Protection Law Perspective’

ABSTRACT Blockchain has led to a new way of storing data and guaranteeing data integrity and transparency. However, tensions still remain between blockchain and the current legal system, especially data protection law. This paper chooses the General Data Protection Regulation (GDPR) in the European Union to identify how blockchain can be compatible with the principles […]

Paul Schwartz, ‘The Data Privacy Law of Brexit: Theories of Preference Change’

ABSTRACT Upon Brexit, the United Kingdom chose to follow the path of EU data protection and remain tied to the requirements of the General Data Protection Regulation (GDPR). It even enacted the GDPR into its domestic law. This Article evaluates five models relating to preference change, demonstrating how they identify different dimensions of Brexit while […]

Washington and Rhue, ‘Tracing the Invisible: Information Fiduciaries and the Pandemic’

ABSTRACT Predictive data technology designed to contain the COVID-19 pandemic was not as successful as promised. Data-centric solutions to providing testing and tracing did little to limit the virus’s spread in part because they served only the most visible parts of society. This Article argues for more robust solutions to protect individuals’ privacy – whether […]

Michael Douglas, ‘Defamation Actions and Australian Politics’

ABSTRACT In recent years, politicians have been frequent participants in Australian defamation litigation. Attorney-General Christian Porter’s recent claim against the Australian Broadcasting Corporation and journalist Louise Milligan is a notable example of the weaponisation of defamation in Australian politics. This article reviews prominent examples of where politicians have commenced or threatened defamation proceedings. The article […]

‘Who will come first, Godot, or an Irish Minister for Justice bearing defamation reform?’

“Two years ago, the EU established the European Rule of Law Mechanism as a process of dialogue on rule of law issues between the EU institutions, the Member States, and civil society. 2020 saw the first of the annual reports. One of the issues highlighted in the report for Ireland related to the long-stalled process […]