Category Archives: Defamation and Privacy

Ronen Perry, ‘The Unidentified Wrongdoer’

ABSTRACT The Article addresses the untheorized and under-researched problem of strong unidentifiability in tort law, namely the victim’s occasional inability to identify the direct wrongdoer, or even an ascertainable group to which the wrongdoer belongs, and bring an action against him or her. This Article offers a systematic analysis and a general theoretical framework for […]

‘French court ruling considers lawfulness of using EU subsidiary of US cloud service provider post-Schrems II

“The Conseil d’État, France’s highest administrative court, recently ruled that personal data collected via a platform managed by Doctolib, and hosted by an EU subsidiary of a US-based company (subject to US surveillance laws), was in line with the GDPR. The ruling is an important follow-up to Schrems II …” (more) [Davinia Brennan, Ireland IP […]

Michele Gilman, ‘Periods for Profit and the Rise of Menstrual Surveillance’

ABSTRACT Menstruation is being monetized and surveilled, with the voluntary participation of millions of women. Thousands of downloadable apps promise to help women monitor their periods and manage their fertility. These apps are part of the broader, multi-billion dollar, Femtech industry, which sells technology to help women understand and improve their health. Femtech is marketed […]

Katherine Cienkus, ‘Privacy Class Action Settlement Trends: Industry Practice or Improper Incentives?’

ABSTRACT Privacy class actions are a developing and active area of the law. The last ten years have seen courts, attorneys, and defendants come together to craft creative and detailed settlement agreements to benefit the class and prevent the abuse of consumer data in the future. This article gathered data from 80 data privacy class […]

‘Bavarian DPA finds data transfers to US-based email marketing platform unlawful’

“The Bavarian Data Protection Authority (DPA) recently ruled that a German publisher should cease using a US-based email marketing platform to send newsletters to its subscribers. The Bavarian DPA found that transfers of email addresses of EU subscribers by the German publisher to the US-based platform to be unlawful. When using the platform, the German […]

Gustavo Alza, ‘Blockchain and CCPA’

ABSTRACT Privacy laws and blockchain technology have been around for over a decade; however, each continues to evolve and adapt to new technological capabilities and realities. As users and jurisdictions have recognized an individual’s rights to privacy, entrepreneurs, engineers, and businesspeople have continued to develop and enhance blockchain technology. Today, blockchain technology not only transfers […]

Thomas Ryan, ‘Is Truth Hanging on by a Thread?’

“… The goal of this Comment is to encourage lawmakers to pressure social media companies to fight disinformation by applying 47 USC § 230 of the United States Communication Decency Act (‘Section 230’ or ‘CDA’). This Comment will look at the emergence of deepfakes, how they are made, and the potential benefits and harms of […]

Matthew Bodie, ‘The Law of Employee Data: Privacy, Property, Governance’

ABSTRACT The availability of data related to the employment relationship has ballooned into an unruly mass of personal characteristics, performance metrics, biometric recordings, and creative output. The law governing this collection of information has been awkwardly split between privacy regulations and intellectual property rights, with employees generally losing on both ends. This Article rejects a […]

Peet and Gutierrez, ‘Risks and Liabilities in Sharing Economy Interactions: Does Data Help or Harm?’

ABSTRACT Sharing economy platforms utilize technology to facilitate transactions between consumers and providers. They attempt to limit the risk inherent to commercial transactions between unknown peers by harnessing the data collected on each party. However, the novelty of the sharing economy may introduce risks and liability uncertainties to participants. Our research contributes to this nascent […]

‘Irish Defamation Laws: an All-Island approach’

“Long awaited and overdue reviews of defamation laws in the Republic of Ireland and Northern Ireland are expected to gather pace in the coming months, creating an opportunity to better align the jurisdictions’ approaches to reputational harm. Allegations travel especially quickly across a small, shared, borderless island such as Ireland. As the saying goes, ‘a […]