Category Archives: Defamation and Privacy

Filler, Haendler and Fischer, ‘Negligence at the Breach: Information Fiduciaries and the Duty to Care for Data’

ABSTRACT Personal data is a cost of admission for much of modern life. Employers, tech companies, advertisers, information brokers, and others collect huge quantities of data about us all. Yet outside of a few highly-regulated industries, American companies face few legal restrictions on how they manage and use that data. Until now, individuals have had […]

‘Meghan Markle delivers second humiliating blow to the Mail On Sunday as she wins copyright claim’

“The final element of the Mail on Sunday’s defence in the privacy and copyright case brought against it by Meghan, Duchess of Sussex, has gone down in flames in the London High Court, further deepening the paper’s humiliation. Its longstanding insistence that someone helped her write the disputed letter to her father – and that […]

David Erdos, ‘The “right to be forgotten” beyond the EU: an analysis of wider G20 regulatory action and potential next steps’

ABSTRACT It has been increasingly asserted that data protection can and should enable individuals to exert some control at least ex post over online data dissemination. Notwithstanding contrary suggestions, therefore, the ‘right to be forgotten’ is not solely an EU phenomenon. Post-2014 the majority of the eight national Data Protection Authorities (DPAs) s operating in […]

Gemma Horton, ‘Injunctions and public figures: the changing value in injunctions for privacy protection’

ABSTRACT Injunctions are a contentious issue between the judiciary and the press. What the press wishes to publish has sometimes been restricted by the judiciary through the issuing of injunctions. Nonetheless, there have been instances in which injunctions have not been respected. First, members of the House of Commons and the House of Lords have […]

Saw and Chan, ‘Understanding Post-Employment Obligations of Confidence and Confidentiality in Compilations of Data’

ABSTRACT This article closely examines two specific areas in the law of confidence. The first concerns erstwhile employer–employee relationships and the various obligations of confidentiality that may bind an employee – including individuals who find themselves in positions analogous to employees – after the contract of employment has come to an end. The second relates […]

Adam Moore, ‘Free Speech, Privacy, and Autonomy’

ABSTRACT While autonomy arguments provide a compelling foundation for free speech, they also support individual privacy rights. Considering how speech and privacy may be justified, I will argue that the speech necessary for self-government does not need to include details that would violate privacy rights. Additionally, I will argue that if viewed as a kind […]

Philipp Hacker, ‘Manipulation by Algorithms. Exploring the Triangle of Unfair Commercial Practice, Data Protection, and Privacy Law’

ABSTRACT The optimization of sales practices in consumer markets through machine learning not only harbours the potential to better match consumer preferences with products, but also risks to facilitate the exploitation of consumer weaknesses discovered via data analysis. More specifically, recent technological advances have brought us to the edge of mind-reading technologies, which automatically analyse […]

Luciano Floridi, ‘The Ontological Interpretation of Informational Privacy’

ABSTRACT The paper outlines a new interpretation of informational privacy and of its moral value. The main theses defended are: (a) informational privacy is a function of the ontological friction in the infosphere, that is, of the forces that oppose the information flow within the space of information; (b) digital ICTs (information and communication technologies) […]

Laura Hendee, ‘The Data Breach Epidemic: A Modern Legal Analysis’

ABSTRACT This Note sheds light on the major legal issues surrounding the numerous data breaches that plague our modern technology-driven society. Current laws in the United States vary widely in how they handle the resolution of harm to unsuspecting victims of data breaches. The issue of Article III standing is commonly at the forefront of […]

Alicia Solow-Niederman, ‘Beyond the Privacy Torts: Reinvigorating a Common Law Approach for Data Breaches’

ABSTRACT Data breaches continue to roil the headlines, yet regulation and legislation are unlikely to provide a timely solution to protect consumers. Meanwhile, individuals are left, at best, in a state of data insecurity and, at worst, in a compromised economic situation. State common law provides a path forward. Rather than rely on statutory claims […]