Category Archives: Defamation and Privacy
Gareth Davies, ‘Does the GDPR break the Internet? The case for a public data exception’
INTRODUCTION Consider three situations. In one, I read a newspaper article that contains some personal details about an individual, perhaps mentioning their illness, some aspect of their family life, or their involvement in a controversial activity. In another situation, I check a person’s LinkedIn page for information about their recent work activities. In a third, […]
‘Data protection reforms envisaged under UK “use and access” bill’
Significant changes to data protection law have been proposed by the UK government, including to rules relevant to the use of AI systems in decision-making processes and to the use of data for the purposes of scientific research, as well as new rules aimed at liberalising data held by public sector organisations and businesses alike […]
‘Doing Justice to Justice in EU Data Law’
Data-driven technology has become a mainstay in our societies. Feeding AI systems and the IoT, large-scale datasets have the potential to radically reshape our understanding of things and basic social practices. It should thus come as no surprise that regulating data has become a central concern of regulation across the world. The European Union’s (‘EU’) […]
Ignacio Cofone, ‘Certifying Privacy Class Actions’
ABSTRACT Privacy class actions are undertheorized. Courts are increasingly called upon to adjudicate them when they arise from corporate business practices and data security events. But, even when they overcome problems of standing and compensation, courts lack frameworks for constituting and certifying a class in view of shared intangible losses and harms. Consequently, despite the […]
Lauren Scholz, ‘Privacy and the Punitive Impulse’
ABSTRACT There is a relationship between privacy and the punitive impulse in American jurisprudence that legal scholarship has previously ignored. The punitive impulse offers one way of explaining the privacy law we have and can inform future policy choices. Through an original study of privacy tort cases, this Article finds a strong correlation between privacy […]
Vittorio Bachelet, ‘“Pay-or-Consent” and Emerging Trends in Digital Contract Law’
ABSTRACT Pay-or-consent (‘Want to subscribe or continue using our Products for free with ads?’) is the dilemma facing Facebook and Instagram users since November 2023. This innovation primarily follows the Court of Justice’s strict interpretation of the General Data Protection Regulation (GDPR) in Meta v Bundeskartellamt, which ruled on several controversial issues of the data […]
Geoffrey Vos, ‘AI and the GDPR’
INTRODUCTION The EU’s Artificial Intelligence Act began entering into force on 1 August 2024. It will take some 2-3 years to come fully into operation. The Council of Europe’s Treaty on AI and human rights, democracy and the rule of law was opened for signature on 5 September 2024 by European Justice Ministers in Vilnius. […]
Taner Kuru, ‘Lawfulness of the mass processing of publicly accessible online data to train large language models’
INTRODUCTION In early 2020, the New York Times reported that ‘a little-known start-up helps law enforcement match photos of unknown people to their online images’. It was revealed that this start-up, Clearview AI, was operating a facial recognition app that could find the public photos of individuals when a picture of them is uploaded on […]
Michele Gilman, ‘The Impact of Proptech and The Datafication of Real Estate on The Human Right To Housing’
ABSTRACT Proptech is undermining the human right to housing. Proptech is a term of art for the digital transformation of the real estate industry. It includes a range of real estate businesses engaged in development, financing, construction, management, and more. Proptech’s boosters promise frictionless and efficient housing markets. However, Proptech appears to be reinforcing existing […]
Michael Goodyear, ‘A Rising Tide Lifts All Consumers: Penumbras of Foreign Data Protection Laws in the United States’
ABSTRACT With the growth of collecting, processing, and transferring personal information to third parties, consumers’ data is increasingly exposed to a myriad of risks. Perhaps chief among these are the data protection practices of data collectors themselves. Yet despite the risk to consumers, US data protection law has remained fragmented, focused on individual industries at […]