Category Archives: Defamation and Privacy

Anya Prince, ‘Location as Health’

ABSTRACT The location data of millions of Americans is for sale. This effectively means that the health data of millions is also for sale. One GPS ping could show an individual entering a safe-injection site, visiting a psychiatrist, or working out at the gym. Our daily travel habits highlight neighborhoods, built environments, and other social […]

‘Overseas websites and the GDPR’s reach’

“Suppose I run a website in the US. I only have staff and offices there, and my target audience is America. Sometimes punters in the UK read my stuff and even buy the odd thing from my website, but not that much, and I don’t really care if they do or not. Is the territorial […]

‘When data protection authorities dispute jurisdiction under the GDPR “one-stop-shop”: the AG opinion in Facebook Belgium

“Like their comic-book counterparts, the national data protection authorities in EU Member States, given their super regulatory powers by EU legislation, sometimes pause in battling high-tech villains – to fight with each other instead. To resolve such conflicts of jurisdiction, the GDPR created a one-stop-shop system to determine which authority could bring proceedings in principle […]

Luca Tosoni, ‘The right to object to automated individual decisions: resolving the ambiguity of Article 22(1) of the General Data Protection Regulation’

“The most forward-looking provisions that the European Union (‘EU’) laid down in the General Data Protection Regulation (‘GDPR’) are probably those on automated decision-making, which are chiefly included in Article 22 of the Regulation. Automated decision-making processes are already extensively used, both by private and public organisations, and their usage is likely to grow exponentially. […]

Eric Goldman, ‘Dear President Biden: You Should Save, Not Revoke, Section 230’

ABSTRACT During the 2020 presidential race, Joe Biden said that he is in favor of repealing Section 230, the law that says websites aren’t liable for third-party content. This open letter to President Biden articulates four principles for his consideration of Section 230. As president, Biden should (1) set the right factual baseline, (2) set […]

Graham Greenleaf, ‘Jamaica Adopts a Post-GDPR Data Privacy Law’

“Jamaica’s Data Protection Act 2020, enacted on 19 May but not yet in force, provides for a transitional period of two years. The Jamaican Information Commissioner, once appointed, should be influential in the region, at least within the anglophone Caribbean. There are now fifteen Caribbean data privacy laws: the Bahamas (2003), St Vincent & Grenadines […]

David Erdos, ‘Identification in EU Data Protection Law’

ABSTRACT Although the new EU data protection framework includes new pan-European limits based on notions of non-identification, these provisions cannot be construed in a sweeping or linear fashion. Non-identified data can only include information which is not being used to target a specific individual on- or offline and which does not readily and manifestly enable […]

Alexis Eun Young Choi, ‘The Right of Publicity: Privacy Reimagined for a Public World, by Jennifer E Rothman’

ABSTRACT In The Right of Publicity, Professor Jennifer E Rothman of Loyola Law School offers an in-depth genealogy of the right of publicity, while navigating through scholarly narratives surrounding its origin. The book contests the current body of literature, which situates the origin of the right of publicity in privacy law. Instead of conceptualizing the […]

Kate Ashley, ‘Data of the Dead: A Proposal for Protecting Posthumous Data Privacy’

INTRODUCTION … This Note will focus on the posthumous disposition of the personal information businesses collect, use, and sell about individuals and argue that data privacy rights should extend posthumously to fulfill the promise of data privacy legislation like CCPA. In Part I, this Note will examine the dead’s legal and customary rights, from property […]

Han-Wei Liu, ‘Two Decades of Laws and Practice Around Screen Scraping in the Common Law World and Its Open Banking Watershed Moment’

ABSTRACT Screen scraping – a technique using an agent to collect, parse, and organize data from the web in an automated manner – has found countless applications over the past two decades. It is now employed everywhere, from targeted advertising, price aggregation, budgeting apps, website preservation, academic research, and journalism, to name a few. However, […]