Category Archives: Defamation and Privacy
‘Defamation Act 2013: A summary and overview 10 years on’
On 1 January 2014 the Defamation Act 2013 (‘the Act’) came into force. At the time, we published an article considering the individual provisions of the Act, and speculating about how the law of defamation had been changed. We first reviewed the practical impact of the Act in 2020, and now do so again, a […]
Sydney Rose, ‘Individualized Ideological Enclosures: The Generative AI Crisis And How Consumers Can Reclaim Their Feeds’
… This paper explores how data collection and behavioral prediction impact consumers’ ecosystems and potential existing solutions for situations where the goals of the consumer diverge from those of the platform. In addition, this paper is intended to spur further scholarship into possible solutions to this narrow concern. After laying the foundation, this paper lays […]
Alba Ribera Martínez, ‘Ultra Vires Compliance as a GDPR Harm’
ABSTRACT Data protection regulation does not apply in terms of a black-and-white response to a particular set of conducts exercised by data processors and controllers. As stemming from the General Data Protection Regulation’s blueprint, co-regulation characterises most of its main tenets, namely via certification and technical standards. Lack of compliance with the principles of data […]
Talya Deibel, ‘The Civil Law and the Inner Self: Roman Iniuria and the Transformation of the Private Sphere’
ABSTRACT This paper focuses on the transhistorical nature of the protection of personality interests in the civilian tradition. It takes Roman iniuria as a key concept to analyze the legal protection of the ‘inner selves’ of human beings. The legal framework of iniuria stands out as an illustration of how social and moral phenomena which […]
‘Open Justice and the GDPR: GDPRubbish, the Courts Service, and the Defence Forces’
Last June, Tánaiste and Minister for Defence Micheál Martin announced the appointment of Peter Ward SC (pictured right) to examine the administration of cases involving Defence Forces personnel charged or convicted of criminal offences. The Report (pdf) was published this week. One of the headlines about it caught my eye … (more) [Eoin O’Dell, Cearta, […]
Lilian Edwards, ‘Private Ordering and Generative AI: What Can We Learn from Model Terms and Conditions?’
ABSTRACT Large or ‘foundation’ models, sometimes also described as General Purpose Artificial Intelligence (GPAI), are now being widely used to generate not just text and images but also video, games, music and code from prompts or other inputs. Although this ‘generative AI’ revolution is clearly driving new opportunities for innovation and creativity, it is also […]
Gordon Hull, ‘The Death of the Data Subject’
ABSTRACT This paper situates the data privacy debate in the context of what I call the death of the data subject. My central claim is that concept of a rights-bearing data subject is being pulled in two contradictory directions at once, and that simultaneous attention to these is necessary to understand and resist the extractive […]
Giulia Gentile, ‘The (In)Effectiveness of EU Data Protection: A Rejoinder’
ABSTRACT The emergence of a highly privatised digital environment driven by data has triggered a regulatory response in the EU built on public law tools, such as fundamental rights. The EU fundamental right to data protection has had a central role in scrutinising the conducts of tech companies in the EU and beyond. The application […]
Redhead and others, ‘Unlocking the promise of UK health data: considering the case for a charitable GP data trust’
ABSTRACT The UK National Health Service general practice (GP) patient data constitute a rich research resource, but collecting, managing, and sharing patient data present challenges. In May 2021, to address these challenges, substantial changes to the system for processing pseudonymized GP patient data in England were announced. As part of an opt-out process, patient consent […]
Alice Schneider, ‘Analogous Wrongs: Privacy Invasions and Discrimination’
ABSTRACT Privacy scholars and activists frequently argue that one reason for protecting privacy is the danger that personal information could be used for discriminatory purposes. This proposition raises two questions: practically, are privacy rights capable of pre-empting discriminatory treatment; and, if so, is preventing discrimination conceptually part of, or related to, the purpose of privacy […]