Category Archives: Defamation and Privacy

Teles and Varella, ‘Normative Models for the Protection of Children and Teenagers’ Personal Data’

ABSTRACT This paper aims to present an overview of the provisions about children and teenagers’ data protection laws worldwide in order to find out what are the best paths related to the subject or to identify if there are legislative models with safeguards, in theory, more beneficial. To achieve this goal, the authors analyze the […]

Rupprecht Podszun, ‘Should Gatekeepers Be Allowed to Combine Data? – Ideas for Art 5(a) of the Draft Digital Markets Act’

ABSTRACT Should digital gatekeepers be allowed to gather data from users and combine data from different sources? That is one of the key substantive questions of the Digital Markets Act. It is currently addressed in Art 5(a) of the draft DMA. There are two problems with the current wording: First, it is not specific enough […]

Sarah Seo, ‘Charles Reich and the Legal History of Privacy’

ABSTRACT This essay explores what legal scholars can learn from historians and what historians can learn from legal scholarship. It first highlights what legal scholars can learn from historians by reviewing Sarah Igo’s The Known Citizen. Then it provides an alternative legal account to Igo’s history of privacy, which clears up questions that Igo raised […]

Lee Bygrave, ‘Data Protection by Design and by Default’

ABSTRACT This paper has been written as an entry to the forthcoming Oxford Encyclopedia of European Union Law. As such, it gives a concise presentation of the role of ‘Data Protection by Design and by Default’ (DPbDD), particularly as provided for under Article 25 of the EU General Data Protection Regulation (GDPR). The paper canvasses […]

Morrison and Quirk, ‘An Australian Conundrum: Genomic Technology, Data, and the COVIDSafe App’

ABSTRACT This paper examines the difficulties that have arisen in Australia in the use of its contact-tracing app. We examine the privacy implications around the use of the app, the wider economic imperative, and the balancing of those concerns against the health threat of the COVID-19 pandemic. We posit that default options are superior in […]

Anastasia Choromidou, ‘EU data protection under the TCA: the UK adequacy decision and the twin GDPRs’

“On 1 January 2020 the United Kingdom (the UK) exited the European Union (EU) entering a year-long transition period. At the end of it, on 24 December 2020 the UK and the EU signed the EU-UK Trade and Cooperation Agreement (TCA). Together with the EU-UK Withdrawal Agreement, the two instruments delineate many aspects of the […]

‘The Threat Value of Copyright Law’

Cathay YN Smith, ‘Weaponizing Copyright’ (May 2, 2021), 35 Harvard Journal of Law and Technology (forthcoming, 2021), available at SSRN; ‘Copyright Silencing’, Cathay YN Smith, 106 Cornell Law Review Online 71 (2021). In two related pieces, Professor Cathay YN Smith revisits the issue of plaintiffs using the threat value of copyright law to advance claims […]

‘Reforming UK data protection laws – the ICO responds’

“Following the Government’s announcement of its proposals to amend the UK data protection legislation (which you can read about in Katherine’s Taunton’s post here), the ICO has now published its response to those proposals – see here. As expected, the core thrust of the response is that, in pressing for a new more business and […]

‘Radical rewriting of Article 22 GDPR on machine decisions in the AI era’

“Article 22 of the General Data Protection Regulation (Regulation (EU) 2016/679) declares the right not to be subject to automated individual decision-making, in the following terms: ‘The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her […]

David Erdos, ‘Assessing UK Data Protection Reform in Transnational Context: What New Direction?’

ABSTRACT This paper analyses the post-Brexit reforms to UK data protection put forward in Data: A New Direction. It is found that they are wide-ranging and significant but generally not radical. The great bulk of the proposed substantive changes to data protection (although not the most far-reaching suggestions concerning either e-privacy or automated decision-making) could […]