Category Archives: Defamation and Privacy
Kemp and Greenleaf, ‘Australia’s long-delayed privacy reform Bill – First instalment only?’
ABSTRACT At long last, Australia has a privacy reform Bill before Parliament, but it is a Bill that still omits most of the promised important reforms. In September 2023, three years after the process began to reform Australia’s Privacy Act 1988, the federal government responded to the 116 proposals made in the report by the […]
Stacy-Ann Elvy, ‘The Vehicle Monitoring and Collection Technology Era’
ABSTRACT Vehicle monitoring and collection (‘VMC’) technology, including starter interrupt devices that remotely disable vehicles, and other GPS tracking devices are used in consumer vehicle agreements in subprime transactions. Subscription-based models supported by VMC features, such as over-the-air software updates that remotely disable or enable vehicular functions, have also appeared in the non-subprime automobile context […]
Gilat Juli Bachar, ‘Just Tort Settlements’
ABSTRACT In the United States, most civil disputes settle, often under a cloak of secrecy. Recently, secret settlements – particularly those that conceal a matter of public interest – have come under intense public attention, spurring a wave of restrictive state and federal legislation. And yet, the attitudes of plaintiffs, such as aggrieved employees and […]
Katharine Kemp, ‘Driving Blind: The Unexamined Privacy Risks of Connected Cars’
ABSTRACT Connected cars are an emerging category of consumer vehicles marketed for features ranging from automatic SOS calls in the event of an accident and notifications when a child is left in the back seat, to the ability to cool a hot car in advance or take ‘selfies’ of the driver whenever they smile. At […]
Marc van Opijnen, ‘The GDPR and the Reuse of Published Court Decisions; Some Pressing Questions, Illustrated by Developments in The Netherlands’
ABSTRACT Because courts are supposed to settle legal disputes, court decisions contain numerous direct and indirect personal data of all people that are (intentionally, unintentionally or professionally) party to the case at hand. As long as these data are processed for the goal they were collected for the adjudication of conflicts such processing can considered […]
Kugler, Strahilevitz, Chetty and Mahapatra, ‘Can Consumers Protect Themselves Against Privacy Dark Patterns?’
ABSTRACT Dark patterns have emerged in the last few years as a major target of legislators and regulators. Dark patterns are online interfaces that manipulate, confuse, or trick consumers into purchasing goods or services that they do not want, or into surrendering personal information that they would prefer to keep private. As new laws and […]
Nwabueze and White, ‘Privacy law and the dead – a reappraisal’
ABSTRACT Privacy is regarded as a fundamental right that is protected in multiple and varying ways. This cannot be said for privacy of the dead. This article considers the importance of post-mortem privacy and reviews the law of privacy and post-mortem privacy in England and Wales including under the ECHR. It also considers medical confidentiality […]
Richard Rak, ‘Anonymisation, Pseudonymisation and Secure Processing Environments Relating to the Secondary Use of Electronic Health Data in the European Health Data Space (EHDS)’
ABSTRACT By establishing a common data governance mechanism across the EU, the Regulation on the European Health Data Space (EHDS) aims to enhance the reuse of electronic health data for secondary use (eg public health, policy-making, scientific research) purposes and realise associated benefits. However, the EHDS requires health data holders to make available vast amount […]
Lee and Fricotté, ‘DAO Token Transferability: Property, Contract, and Technology’
ABSTRACT A Decentralised Autonomous Organisation (DAO) is a new form of digital enterprise that operates on blockchain networks. It enables a new model of collaboration through diverse capital contributions and equitable sharing of benefits and risks. This paper explores the legal dimensions of DAO token transferability, a vital aspect for the expansion of DAO operations. […]
Babatunde Sola-Elesin, ‘Examining the Viability of Using Data Protection Laws to Achieve Privacy on Blockchain’
ABSTRACT The relationship between technology and privacy is a complex one, and questions about why and how the law should protect information privacy are not unique to the internet context. The foregoing is true, and the same applies in the context of privacy on blockchain, the advent of blockchain has led to a furore with […]