Category Archives: Defamation and Privacy

‘The Impact of Ban-the-Box Measures’

Dallan Flake, Do Ban-the-Box-Laws Really Work?, 104 Iowa Law Review 1079 (2019). I haven’t taught the basic Employment Law survey course in a few years, so I was updating my class notes relating to the kinds of pre-employment screening measures that many employers use. The casebook had a note about so-called ban-the-box measures – state […]

Jeremias Adams-Prassl, ‘What if Your Boss Was an Algorithm? The Rise of Artificial Intelligence at Work’

ABSTRACT Rapid advancements in automation will have a profound impact on labour markets. This paper focuses on a comparatively overlooked aspect of debates surrounding automation and the future of work: the rise of algorithmic management, enabled by hitherto infeasible forms of data collection and processing. As AI-driven decision-making is quickly becoming an important element of […]

Churches and Zalnieriute, ‘A Groundhog Day in Brussels: Schrems II and International Data Transfers’

ABSTRACT The much anticipated Schrems II decision, delivered by the Court of Justice of the European Union (CJEU) on 16 July 2020, is almost a ‘reliving’ of its earlier decision in Schrems I: this time, the CJEU invalidated the (in)famous Privacy Shield ‘Privacy Shield’, which succeeded its predecessor Safe Harbour Decision (‘Safe Harbour’), which the […]

Raymond Brescia, ‘Privacy’s “Three Mile Island” and the Need to Protect Political Privacy in Private Law Contexts’

ABSTRACT When it was revealed that Cambridge Analytica obtained the personal and private information of eighty-seven million Facebook users to aid the US presidential campaign of Donald J Trump, it was described as privacy’s ‘Three Mile Island’: an event, like the famed nuclear accident from which the term comes, that would shake and shape an […]

‘The process may (or may not) be the product: trade secrets and COVID research’

“Like many economists, I was recently delighted to learn my training also makes me an epidemiologist, of sorts. Using these powers for good, I have turned my eye to the role of trade secrets in medical treatments and the implications for the COVID pandemic. Governments are scrambling to fund vaccines and medical research and access […]

‘Case Law: Ghannouchi v Middle East Online Ltd, Libel damages assessed at £45,000’

“On 23 July 2020 Master Dagnall gave judgment on the assessment of damages in libel proceedings brought by the leader of the Tunisian opposition party Ennahdha and speaker of the Tunisian parliament Rached Ghannouchi. The judgment was against Middle East Online Limited, a company responsible for the publication of an online news website publishing news […]

‘Australia’s “outdated” defamation laws are changing: but there’s no “revolution” yet’

“Australia’s defamation laws, so long criticised to so little avail, are finally changing. New South Wales Attorney-General Mark Speakman trumpeted this week: ‘Nation agrees to NSW-led defamation revolution’. His announcement followed July’s meeting of the Council of Attorneys-General, where all Australian jurisdictions approved amendments to the Model Defamation Provisions …” (more) [Michael Douglas, Inforrm’s Blog, […]

Verstraete and Zarsky, ‘Optimizing Breach Notification’

ABSTRACT Maintaining data security is a crucial social objective in the digital age. An emerging strategy to ensure adequate security is through breach notification laws, which require firms to provide notice upon discovering a security breach. These laws are pervasive. All fifty states, several federal laws, the EU’s GDPR and the OECD have incorporated notification […]

‘Court of Appeal warns against “overstretching” the concept of personal data’

“The Irish Court of Appeal has held that while the definition of ‘personal data’ is very broad, to interpret a document as constituting personal data for the sole reason that it was generated as a result of a complaint made by the data subject, would be to ‘overstretch’ the concept of personal data. In a […]

Just Published: Comparative Privacy and Defamation (Koltay and Wragg eds)

Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today’s scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations […]