Category Archives: Defamation and Privacy

Busch, Goanta, Kryla-Cudna, Leszczynska and Mak, ‘Should Data Drive Private Law?’

“This special issue tackles the question of whether and how data shapes private law. The development of new technologies enabled the generation, collection and processing of both personal and non-personal data on an unprecedented scale. The implications of this phenomenon for private law are threefold. One, how does data affect our understanding of technology regulation […]

Jeffrey Standen, ‘Republication Liability on the Web’

ABSTRACT The tort of defamation evolved in an era where defamatory speech was published in books, magazines, newspapers, or other printed documents. The doctrines that are antecedent to the tort, such as publication, fault, defamation per se, presumed damages, and republication liability, similarly presumed that most defamation would appear in written form in a published […]

‘Privacy Legislation Overhaul: Canada Takes a Second Shot at the CPPA’

“In a second attempt at overhauling Canada’s federal privacy legislation, today Canada’s Minister of Innovation, Science and Industry François-Philippe Champagne introduced a new bill called the Digital Charter Implementation Act, 2022 (‘2022 Bill’). It aims to create three new pieces of legislation …” (more) [McCarthy Tetrault, 16 June]

‘IPR and the use of open data and data sharing initiatives by public and private actors’

This study analyses recent developments in data related practice, law and policy as well as the current legal framework for data access, sharing, and use in the European Union. The study identifies particular issues of concern and highlights respective need for action. On this basis, the study evaluates the Commission’s proposal for a Data Act. […]

‘UK data protection reforms announcement imminent’

“News of the expected announcement was set out in an annex to its new UK digital strategy, published on Monday. ‘We are publishing our response to the data protection regime consultation (due June 2022)’, the government said. UK data protection law was last substantially updated in 2018 when the General Data Protection Regulation (GDPR) came […]

Sara Golru, ‘Court-Ordered Genetic Testing: The Defendant’s Right to Examine the Plaintiff’s Genome?’

ABSTRACT This article provides an original analysis of the small but growing number of Australian and United States (‘US’) personal injury cases where defendants have sought to compel genetic testing of plaintiffs in order to identify potential alternative causes of their injury. It finds that, despite the concerns of some scholars, courts continue to show […]

‘Why is the Canadian Government So Indifferent to Privacy?’

“Over the past several weeks, there have been several important privacy developments in Canada including troubling privacy practices at well-known organizations such as the CBC and Tim Hortons, a call from business organizations for privacy reform, the nomination of a new privacy commissioner with little privacy experience, and a decision by a Senate committee to […]

Tommaso Fia, ‘Resisting IP Overexpansion: The Case of Trade Secret Protection of Non-Personal Data’

ABSTRACT Intellectual property overprotection has become a long story in law. This article analyses how the ambit of intellectual property rights (IPRs) affects access to non-personal data. In so doing, it homes in on the case of a quasi-IPR, ie trade secrecy, and shows how its interplay with non-personal data involves some overprotection risks. More […]

Papakonstantinou and De Hert, ‘The Regulation of Digital Technologies in the EU: The Law-Making Phenomena of “Act-ification”, “GDPR Mimesis” and “EU Law Brutality”’

ABSTRACT EU regulatory initiatives on technology-related topics has spiked over the past few years. On the basis of its Priorities Programme 2019-2024, while creating ‘Europe fit for the Digital Age’, the EU Commission has been busy releasing new texts aimed at regulating a number of technology topics, including, among others, data uses, online platforms, cybersecurity, […]

Pavel Borzykh, ‘Concept of Personal Data in Social Media Environment: Effect of General Data Protection Regulation and Trade Secrets Directive’

ABSTRACT The worldwide popularity of social media has resulted in accumulation of big data volumes by social platforms. Attempting to increase attractiveness of their services, social media deploy special marketing tools which comprise statistical data on users, their interests, customer behavior, etc. Thus, personal data become a part of business information which is used for […]