Category Archives: Defamation and Privacy
Emmanouil Bougiakiotis, ‘The Case for Control Without Consent in Data Privacy Law’
ABSTRACT Consent in data protection law is highly contentious. Critics argue that enabling people to make their own decisions is not feasible, as people are generally poor decision-makers, a problem that is exacerbated by the great volume of privacy notices one needs to read to make good decisions. However, proponents insist on the value of […]
O’Callaghan and Shiner, ‘Privacy 6.0: Privacy as Mental Integrity’
ABSTRACT This chapter suggests that the idea of privacy as mental integrity is an emerging socio-cultural narrative that is likely to shape the legal understanding of privacy in significant ways. We begin the chapter by examining the ways socio-cultural narratives can shape the interpretation, application and development of legal norms. Next, we seek to identify […]
Zuzanna Nowicka, ‘SLAPP vs Mutual Trust: Protecting the Public Debate Through Public Policy Considerations’
ABSTRACT This Article argues that to protect public debate, which is vital for democratic societies, it is crucial for courts in EU Member States to apply the freedom of expression standards established by the European Court of Human Rights (ECtHR) when adjudicating cases, particularly in the context of Strategic Lawsuits Against Public Participation (SLAPPs). The […]
‘Can Private Law Protect Privacy in Today’s Economy?’
A few weeks ago, Carrie Goldberg, a online victims’ rights lawyer, visited my classroom. Students were attentive as she recounted her clients’ cases. Nude pictures of a victim disclosed to her work colleagues by a former boyfriend, child abuse on the site Omegle, several youth who died after buying suicide kits suggested to them on […]
‘Privacy Beyond Consent: Cofone’s Call for Privacy Torts’
In her seminal work on boilerplate contracts, Margaret Jane Radin distinguishes between World A and World B to illuminate the fundamental tension between contract theory’s ideals and modern contractual reality. World A embodies the classical paradigm: contracts emerge through meaningful negotiation between informed equals. Here, parties exercise genuine autonomy, carefully reviewing terms before signaling informed […]
Krebs and Bennett Moses, ‘Data Sharing Agreements: Contracting Personal Information In The Digital Age’
ABSTRACT Voluminous information about individuals is being shared every day and everywhere. Streamlining data sharing activities effectively allows public and private entities to use information for policy advancement, knowledge creation and business growth. At the same time, such sharing of personal information also risks harming individuals’ privacy and autonomy. How are data sharing activities governed […]
‘Privacy Inserts’
As we become increasingly dependent on online services, we frequently ask, ‘Is this service/app safe, privacy-preserving, and secure?’ Unfortunately, for the average consumer, it is difficult to find definitive answers. Modern services generate, collect, share, and trade vast amounts of information as part of a complex digital ecosystem of third-party services and actors … (more) […]
‘Valuing Privacy Harms while Structuring Data Governance’
Ignacio Cofone’s The Privacy Fallacy is an important contribution to a rapidly growing literature on data protection. He critiques over-reliance on contract law in the governance of data, and the need for tort principles to compensate for (and deter) privacy harms. He articulates a complex theory of privacy liability that is capacious enough to address […]
Jeevan Hariharan, ‘Economic Torts and Injured Feelings’
George v Cannell [2024] UKSC 19 is the first time in over a century that the UK apex court has substantively considered the economic tort of malicious falsehood. Sometimes known as injurious falsehood or slander of title, at common law this tort requires a falsehood, published maliciously which is calculated to produce, and does produce, […]
Obar, Gelb, de Jesús, Cavalcante Silva and Palmier Blizzard, ‘Video Notice Design to Support Meaningful Consent Online: An Analysis of Social Media Videos About Artificial Intelligence and Privacy’
ABSTRACT This first AI in Focus report presents research findings about the utility of social media-style video as a supplement to text-based privacy notices. A meaningful consent process online requires that a digital service provider communicate information about services to consumers. For example, information about data collection, algorithms, etc. should be conveyed to help people […]