David Erdos, ‘Filling Defamation’s “Gaps”? Data Protection and the Right to Reputation’

Defamation law has traditionally occupied a position of overwhelming dominance in the vindication of the right to reputation. Nevertheless, judicial and statutory liberalization of this legal framework including through the Defamation Act 2013 has led to a concern that ‘gaps’ in such protection may have emerged including when analysed under A. 8 European Convention on Human Rights. In this new context, pressure has been placed on data protection to fill the potential lacunae. Data protection law contains a number of important limitations and exceptions and its jurisprudence has been both limited and sometimes confused. Nevertheless, this paper argues its broad scope and complex structure ensure that has the potential to play a significantly augmented role especially in actions concerning the publication of opinions or which seek injunctive relief.

Erdos, David, Filling Defamation’s ‘Gaps’? Data Protection and the Right to Reputation (June 21, 2013). Oxford Legal Studies Research Paper No. 69/2013.

First posted 2013-08-09 09:24:45

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