Category Archives: Defamation and Privacy
‘Remedies to Digital Vulnerability in European Private Law’: University of Trieste, 10-11 April 2025
The Trieste conference follows two previous conferences held within the same project in Ferrara (2023) and in Rome Tor Vergata (2024), which examined the legal status of digital vulnerability in European private law and its interaction with artificial intelligence, respectively. Building on the previous findings and starting from the assumption that many, if not all, […]
Ari Waldman, ‘Civil Society and the Crisis of Privacy Law’
ABSTRACT Based on interviews with key players, public reports, and previously undisclosed primary sources, this Article tells the inside story of the American Data Privacy and Protection Act (ADPPA) and the role of privacy nonprofit organizations in crafting it. It uses ADPPA’s drafting as a case study about larger questions of expertise, the lawmaking process, […]
‘Gambling with Consent: Free, Specific, and Informed Consent in Data Protection Law’
BACKGROUND In RTM v Bonne Terre Ltd [2025] EWHC 111 (KB), the High Court considered claims brought in data protection and the tort of misuse of private information. The Claimant described himself as a ‘recovering online gambling addict’ [1]. He sought damages for harm, distress and financial loss, and a declaration that his rights under […]
Lui, Lamb and Durodola, ‘A right to explanation for algorithmic credit decisions in the UK’
ABSTRACT This article argues for a statutory right to explanation in automated credit decision-making in the UK, as transparency and accountability are central to the rule of law. First, from a moral standpoint, we demonstrate that there is a double level of distrust in financial services and algorithms. Algorithms are unpredictable and can make unreliable […]
Ajunwa and Briscoe, ‘Genetic Privacy’
ABSTRACT The last decade has brought many technological advances to genetic testing. Increasingly, genetic testing, which was previously reserved for clinical or medical settings, has made its way to other spaces. Most significantly, we are now seeing the re-introduction of genetic testing to the workplace. Although the Genetic Information Nondiscrimination Act (GINA), which became law […]
Ajunwa and Kamer, ‘Data Privacy by Contract’
ABSTRACT Protecting consumer privacy rights presents a particular challenge given the prevalence of data breaches. This Article notes that current law is woefully inadequate in protecting the privacy rights of consumers. Notably, the law fails in the following four areas: (1) classification of consumer data, (2) lack of a comprehensive approach, (3) after-the-fact focus, and […]
Daniel Solove, ‘Artificial Intelligence and Privacy’
This Article aims to establish a foundational understanding of the intersection between artificial intelligence (AI) and privacy, outlining the current problems AI poses to privacy and suggesting potential directions for the law’s evolution in this area. Thus far, few commentators have explored the overall landscape of how AI and privacy interrelate. This Article seeks to […]
Santos, Morozovaite and De Conca, ‘No harm no foul: how harms caused by dark patterns are conceptualised and tackled under EU data protection, consumer and competition laws’
ABSTRACT Although several Human-Computer Interaction (HCI) studies have empirically investigated the harms caused by dark patterns, with policymakers and regulators regarding these harms significant, they have yet to be examined from a legal perspective. This paper identifies the individual, collective, material and non-material harms deriving from dark patterns, dissecting the role that harms play in […]
Gordon Hull, ‘Translating Privacy for Data Subjects’
ABSTRACT This essay offers a theoretical account of one reason that current privacy regulation fails. I argue that existing privacy laws inherit a focus on judicial subjects, using language about torts and abstract rights. Current threats to privacy, on the other hand, presuppose statistically-generated populations and aggregative models of subjectivity. This gap in underlying presupposition […]
Elena Sebyakina, ‘Privacy Legal Relationships’
ABSTRACT This work is aimed at initiating of discussion on general theory of privacy law. This article suggests beginning with classification of legal relationships arising in privacy sphere, as a first step toward identifying the flaws in privacy rulemaking and law application. The relational theory of law, underlying this work, explains why each privacy legal […]