Category Archives: Defamation and Privacy

Becker, Thorogood, Bovenberg, Mitchell and Hall, ‘Applying GDPR roles and responsibilities to scientific data sharing’

“A key aspect of European Union (EU) data protection law is ensuring all parties dealing with personal data have clearly assigned legal roles, and by extension, responsibilities. Key roles defined by the EU General Data Protection Regulation (GDPR) include controllers, joint controllers, processors, and third parties. An organization’s role determines the scope of its legal […]

‘Wagatha Christie: what the Vardy v Rooney case can teach you about avoiding libel on social media’

“The social media feud turned libel trial between Coleen Rooney and Rebekah Vardy has come to a close. While a judgement isn’t expected for some time, the legal battle between two media personalities married to former England footballers has proven at least one thing – that social media is a high-risk area for defamation claims […]

‘Privacy Shield 2.0 – Third Time’s the Charm?’

“In March, European Union President Ursula von der Leyen and US President Joe Biden announced that they had agreed to a Trans-Atlantic Data Privacy Framework. This follows nearly two years of negotiations, across two US administrations, because the 2015 agreement struck by the US and EU – Privacy Shield – was found to be deficient […]

Ying Hu, ‘Private and Common Property Rights in Personal Data’

ABSTRACT This article makes a case for examining personal data from a property law perspective. It sets out the arguments both in favor and against granting private and common property rights in personal data. While property law is not a panacea for all the problems that have arisen in the big data era, it provides […]

‘GDPR Collective Litigation Against Facebook’

“The recent CJEU Case C-319/20, Meta Platforms Ireland provides insights on the interpretation of Article 80(2) of the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), which regulates representative actions in the data protection field. The Court […]

‘How privacy’s past may shape its future’

“Continued expansion of human activities into digital realms gives rise to concerns about digital privacy and its invasions, often expressed in terms of data rights and internet surveillance. It may thus be tempting to construe privacy as a modern phenomenon – something our ancestors lacked and technological innovation and urban growth made possible. Research from […]

Yanni Goutzamanis, ‘Closing the Floodgates on Privacy Class Actions: Lloyd v Google LLC

ABSTRACT In Lloyd v Google LLC [2021] UKSC 50, the Supreme Court overturned the Court of Appeal’s decision, which had allowed a claim under the Data Protection Act 1998 to proceed as a representative action under CPR 19.6. This is significant because the Court of Appeal’s decision arguably paved the way for further data protection/privacy […]

Doris Del Tosto Brogan, ‘Lies, Damn Lies and Kamikaze Lies: Protecting Falsehoods in the Name of Truth’

ABSTRACT Despite calls to reverse New York Times v Sullivan and abandon the reckless disregard standard for public figure defamation cases – calls offered by two Supreme Court Justices, a number of legal scholars and some members of the popular press – this article demonstrates that Sullivan’s protections have never been more relevant or more […]

Sylvia Lu, ‘Data Privacy, Human Rights, and Algorithmic Opacity’

ABSTRACT Decades ago, it was difficult to imagine a reality in which artificial intelligence (AI) could penetrate every corner of our lives to monitor our innermost selves for commercial interests. Within a few decades, the private sector has seen a wild proliferation of AI systems, many of which are more powerful and penetrating than anticipated. […]

Woodrow Hartzog, ‘What is Privacy? That’s the Wrong Question’

ABSTRACT Every year on the first day of my course on information privacy law, I ask my students to define the concept of privacy. Usually, I get a few different answers, each of which is built around some singular and definitive conceptualization of privacy. Some notions include: Privacy is ‘control over personal information’. Privacy is […]