Category Archives: Defamation and Privacy
Nwabueze and White, ‘Privacy law and the dead – a reappraisal (part II)’
ABSTRACT In an earlier article, we argued that post-mortem privacy is not sufficiently protected in England and Wales. In this article, we draw from Boonin’s posthumous harm thesis and posthumous wrong thesis to develop a framework and rationale for justifying the recognition and enforcement of a privacy right post-mortem. Essentially, our theoretical framework suggests that, […]
‘Open consultation: Make Work Pay: misuse of non-disclosure agreements (NDAs)’
The government has introduced a measure through the Employment Rights Act 2025 which voids any provision in an agreement (such as a contract of employment or settlement agreement) between a worker and their employer that prevents a worker from speaking out about relevant harassment or discrimination. This consultation is seeking views on proposals regarding: (i) the […]
Oliwier Rokicki-Tyszka, ‘Law without a Mirror: Defamation Law and the Defendant’s Invisible Surplus’
ABSTRACT This paper argues that defamation law in England and Wales does not sufficiently take into account egalitarian considerations when determining the scope of liability. The analysis is two-dimensional: it assesses egalitarianism within the bipolar relationship between the parties, drawing on Looney’s exchange of agency model, and at the structural level, employing Keren-Paz’s egalitarian distributive […]
Lorenzo Angelillo, ‘Protection of Personal Data: A Comparative Analysis of the Top 12 Economies by GDP’
ABSTRACT This paper conducts a comparative analysis of personal data protection legislation across the twelve largest economies by GDP — the United States, China, Japan, Germany, India, the United Kingdom, France, Italy, Canada, South Korea, Russia, and Brazil — together representing over 70% of global GDP and more than 50% of the world’s population. The […]
John Browning, ‘Stealing Hearts, and Data: Legal Ramifications and Data Privacy Risks of AI Companions’
ABSTRACT Therapy and companionship have become the number-one use case for generative artificial intelligence chatbots in 2025. Talking to artificial intelligence (‘AI’) ‘companions’ – digital personas designed to provide emotional support, show empathy, and proactively ask users personal questions through text, voice notes, and picture – is no longer a niche service but has become […]
David Sella-Villa, ‘The Third-Party Privacy Problem’
ABSTRACT You stand on a city street corner, and a driverless robotaxi crosses the road in front of you. To operate safely, the robotaxi identifies you as a person, tracks your movements, determines your relative location, and stores data about you. What are your privacy interests in these data? This Article examines the ‘third-party privacy […]
Schmitz-Berndta, Langensteiner and Kalpakos, ‘Non-consensual deepnudes: responses under EU law to a novel form of sexual abuse’
ABSTRACT Pornography has long driven technological innovation and now appears to be a major force in the AI landscape. New tools are freely accessible, highly sophisticated, and require no technical expertise, enabling anyone, including minors, to instantly create realistic sexualised imagery. The rise of sexualised deepfakes presents serious legal challenges, particularly when real persons are […]
Yuxin Zhao, ‘Data Charitable Trusts: Balancing Privacy and Sharing Value in Healthcare Data Governance’
ABSTRACT Healthcare data-sharing faces a governance problem as current frameworks struggle to balance privacy protection with research access needs. The gap between data accumulation and utilization constrains public health advancement. Charitable trusts offer a legal framework that achieves a balance between data protection and the needs of research, thereby addressing some limitations of existing data-sharing […]
NA Moreham, ‘Privacy and the right to tell your own story’
ABSTRACT This article examines when and how a person’s desire to tell their own story should affect the application of the English misuse of private information tort. It urges caution in cases where one party is trying to dictate retrospectively the terms on which a shared encounter occurred – especially when there is a significant […]
Graham Greenleaf, ‘Australia’s Privacy Payouts Escalate (but will they pass the Pub Test?)’
ABSTRACT Something which ‘passes the pub test’ is ‘something the ordinary patron in an Australian pub would understand and accept to be fair, were it to come up in conversation. The test has been compared to reasonable person standards in law. For decades, enforcement of Australia’s privacy laws has been criticised widely, including by other […]