David Erdos, ‘Data Protection and the Right to Reputation: Filling the “Gaps” after the Defamation Act 2013’

Defamation law has historically occupied a position of overwhelming dominance in the vindication of the traditional right to reputation. Nevertheless, liberalisation of this legal framework including through the Defamation Act 2013 has led to a concern that, when analysed from a fundamental rights perspective, “gaps” in the protection provided for natural persons may have emerged. In this new context, there has been a renewed focus on whether data protection may 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 article argues that its broad purpose and complex structure ensure it will play a significantly augmented role in the future, especially in actions against website operators facilitating the dissemination of information posted by a third party, the publication of opinion, or where either injunctive relief or the correction of inaccurate information is sought (in particular in cases of continuing online disclosure).

David Erdos, Data Protection And The Right To Reputation: Filling The “Gaps” After The Defamation Act 2013. Cambridge Law Journal / Volume 73 / Issue 03 / November 2014, pp 536-569, DOI: http://dx.doi.org/10.1017/S0008197314000877, Published online: 2 December 2014.

First posted 2014-12-03 07:25:10

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