Category Archives: Defamation and Privacy

Amy Dunphy, ‘Ensuring Location Data Privacy in Connected and Automated Vehicles (CAVs)’

ABSTRACT New privacy challenges will arise from the introduction of Connected and Automated Vehicle (‘CAV’) technology. CAVs are expected to ‘drive’ by a system that receives and shares data from sensorised infrastructure. CAV data will be constantly communicated wirelessly and bi-directionally, including with other CAVs which are operating within a vehicular network. Consequently, there will […]

Vaithulla Kamal Ahamed, ‘Navigating Social Media Defamation: Exploring Liability for Third-Party Publications in the Digital Age’

ABSTRACT The recent ruling by the High Court of Australia (HCA) in Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27 has significant implications for defamation in digital platforms. The case involved an appeal by three media outlets (defendant-appellants) against a decision from the New South Wales (NSW) Court of Appeal (Fairfax Media Publications […]

Grochowski, Esposito and Davola, ‘Price Personalization vs Contract Terms Personalization: Mapping the Complexity’

ABSTRACT Algorithmic pricing did not arise in a vacuum but is part of a wider phenomenon of using personal data to profile individuals on the market and make predictions about their preferences and behaviour in future market settings. The potential for price personalization is one of the most important and salient aspects of the wider […]

Leufer and Hidvegi, ‘The Pitfalls of the European Union’s Risk-Based Approach to Digital Rulemaking’

ABSTRACT The European Union’s Artificial Intelligence Act takes a so-called risk-based approach to regulating artificial intelligence. In addition to being celebrated by industry, this risk-based approach is likely to spread due to the ‘Brussels Effect’ whereby EU legislation is taken as a model in other jurisdictions around the world. This article investigates how the AI […]

Richards, Hartzog and Francis, ‘A Concrete Proposal for Data Loyalty’

ABSTRACT Congress and state legislators are finally experimenting with new privacy frameworks, rights, and duties to move past the thoroughly critiqued ‘notice and choice’ model for data privacy. While many new privacy proposals seek a more fortified version of the fair information practices, some legislators have placed a duty of data loyalty at the heart […]

Gareth Davies, ‘Data and Money as Alternative Payment Methods for Online Services: Applying a Reasonable Alternative Idea of GDPR Consent’

ABSTRACT A central idea in the GDPR is that consent for data processing must be ‘freely given’. This has been consistently understood by academics and data protection institutions to mean that a refusal of consent must be costless: that individuals must be able to refuse data processing and still enjoy free and full access to […]

Kanan Naghiyev, ‘ChatGPT From a Data Protection Perspective’

ABSTRACT This paper explores the complex legal issues related to the use of ChatGPT, a cutting-edge language model developed by OpenAI. The main legal concerns are related to data privacy, intellectual property rights, and the possible misuse of generated content. It emphasises the significance of these concerns in the present digital era, where data is […]

Stacy-Ann Elvy, ‘Commercial Law as a Source of Privacy and Security Protection’

ABSTRACT In 2022, the American Law Institute and the Uniform Law Commission approved important amendments to the Uniform Commercial Code (‘UCC’) to address various technological developments. This Essay explores the potential role of these revisions to the UCC and other related sources of law in helping to protect consumer privacy and security in the Internet […]

Stacy-Ann Elvy, ‘Privacy Law’s Consent Conundrum’

ABSTRACT This essay sheds light on how an existing consent framework established by courts in applying contract law to assess the validity of companies’ terms and conditions can aid in both remedying privacy law’s consent conundrum and mapping out the contours of a proposed ‘duty to obtain consent appropriately’. Elvy, Stacy-Ann, Privacy Law’s Consent Conundrum […]

Buckley, Caulfield and Becker, ‘How Might the GDPR Evolve? A Question of Politics, Pace and Punishment’

ABSTRACT The digital age has made personal data more valuable and less private. This paper explores the future of the European Union’s General Data Protection Regulation (GDPR) by imagining a range of challenging scenarios and how it might handle them. We analyze United States’, Chinese and European approaches (self-regulation, state control, arms-length regulators) and identify […]