Category Archives: Defamation and Privacy
Jennifer Rothman, ‘Reframing Deepfakes’
ABSTRACT The circulation of deceptive fakes of real people appearing to say and do things that they never did has been made ever easier and more convincing by improved and still improving technology, including (but not limited to) uses of generative artificial intelligence (‘AI’). In this essay, adapted from a lecture given at Columbia Law […]
Richards, Hartzog and Francis, ‘Privacy’s Autonomy Thicket: Disentangling Choice, Consent, and Control’
ABSTRACT When it comes to talking about autonomy, privacy law could use a little clarity. Its discourse uses terms like ‘choice’, ‘consent’, and ‘control’ to evoke autonomy, but these terms are too rarely defined and too often used interchangeably, even though they can mean very different things. The three terms have become entangled in a […]
Purtova and Newell, ‘Against Data Fixation: Why “Data” Fails as a Regulatory Target for Data Protection Law and What to Do About It’
ABSTRACT This article critiques the fixation on data as an object of regulation for addressing a broad range of digital problems. We challenge the idea that data are always the appropriate regulatory targets for addressing information-related problems, specifically in the context of data protection and the General Data Protection Regulation (GDPR). The GDPR tackles a […]
‘A Proposed Framework for Privacy Rights After Death’
Anita L Allen and Jennifer E Rothman, ‘Postmortem Privacy’, 123 Michigan Law Review 285 (2024). Professors Allen and Rothman have written an excellent piece that addresses an issue of growing importance. While questions about privacy have always existed, technological changes that are occurring at a lightning-fast pace are creating demand for a consistent and clear […]
‘AI liability in defamation’
We all want to know about American libel law, now that President Trump has launched his pre-action missile at the BBC. If he pursues his claim it will be under Florida law, where his defamation action will not be statute barred. In the UK such claims must be commenced within one year of publication; Florida […]
Liang Li, ‘Theories of harm for excessive personal data collection: what’s wrong and whose job?’
INTRODUCTION The importance of data for innovation and the growth of the digital economy is well recognized. This frequently entails excessive personal data collection, characterized by large volume, velocity, variety, and a high level of detail. Excessive personal data collection may give rise to a range of legal concerns, including—but not limited to—the exclusion of […]
Liubomir Nikiforov, ‘Group Data Protection under the GDPR and AI Act: Closing the Collective Redress Gap in AI Inference’
ABSTRACT Recent advances in Artificial Intelligence (AI) reveal a growing mismatch between the EU’s individual-centric data protection framework and automated systems’ capabilities to affect whole groups. AI routinely processes data about groups, while the GDPR still allocates rights and remedies to identifiable individuals. This design produces a structural collective redress gap where injunctions may be […]
Hartridge and Kind, ‘Personal data all the way down: an Australian perspective on privacy regulation of generative AI’
INTRODUCTION The world is being reordered to accommodate the development of Artifical Intelligence (AI) systems and to centre them in political, financial, and societal shifts. AI models are being built into products, services, and infrastructure, from the enterprise software used by governments across the globe, to the services consumers engage with every day, such as […]
Ida Samardar, ‘The Interaction between Privacy Laws and Restrictive Licensing Agreements in Cross-Border Satellite Imagery’
INTRODUCTION … This Paper addresses the legal conflicts that emerge at the intersection of privacy laws and restrictive licensing agreements in the cross-border use of satellite imagery. As the commercial value of satellite data continues to rise globally, organizations are increasingly confronted with challenges stemming from privacy regulations such as the European Union’s General Data […]
Sze and Gunasekara, ‘A Privacy Trojan Horse? Consumer Loyalty Programmes in the Grocery Sector and Data Privacy’
ABSTRACT Loyalty schemes have become an established commercial feature in the grocery sectors of New Zealand and Australia. Ownership and operation of the schemes has recently undergone change but the essential features are likely to remain. However, there has been little scrutiny until recently of the implications for consumers of the use of personal information […]