“A global recognition of the threat to the protection of private information online, coming in particular from the big ‘tech’ companies, is currently increasingly apparent. The same concerns, this article will argue, are driving significant legislative changes and recent and emerging jurisprudence determining the reach of both the tort of misuse of private information in England and Wales and data protection. To illustrate these points, this article identifies three key areas in which private information is under coming threat in the digital era, and the reforms in response being brought about legislatively and judicially to the contours of the applicable privacy-protective framework formed by both causes of action. In the first, the more traditional concerns of both the tort and data protection are engaged when private information is published without consent online, by private posters on privately-owned websites or on social media platforms, sometimes anonymously or from outside the jurisdiction, where the platform has merely acted as a passive host …”
€ (Westlaw)
Fiona Brimblecombe and Helen Fenwick, ‘Keeping control of personal information in the digital age: efficacy and equivalence of tortious and GDPR/DPA relief?’ (2022) 13 Law Quarterly Review (July) 456-480.
First posted 2022-06-03 15:00:04
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