Category Archives: Defamation and Privacy
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 […]
Gomis-Porqueras and Wang, ‘Credit, Privacy, and Data Monetization by Digital Platforms’
ABSTRACT Digital platforms collect extensive personal information from users while often, at the same time, provide credit services. We study the interaction between data monetization and credit provision. Data monetization creates incentives for a monopolistic platform to subsidize credit, enabling it to compete with traditional financial institutions even when it faces higher costs. Credit services […]
Alicia Solow-Niederman, ‘AI and Doctrinal Collapse’
ABSTRACT Artificial intelligence runs on data. But the two legal regimes that govern data – information privacy law and copyright law – are under pressure. Formally, each regime demands different things. Functionally, the boundaries between them are blurring, and their distinct rules and logics are becoming illegible. This Article identifies this phenomenon, which I call […]
Pablo Marcello Baquero and others, ‘Unveiling transparency in data protection enforcement across the EU: Assessing the level and quality of disclosure of GDPR fines by data protection authorities’
ABSTRACT Despite the increasing recognition of data protection rights across the European Union (EU), evidence suggests they are often underenforced, thereby undermining the effectiveness of the General Data Protection Regulation (GDPR). This article shows that an often neglected aspect in GDPR enforcement is the variability in transparency exhibited by data protection authorities across EU Member […]
Paulina Milewska, ‘The Price of Reputation: Freedom of the Press and Proportionality in Real Madrid v Le Monde (ECJ 4 October 2024)’
INTRODUCTION In recent years, the threat posed by strategic lawsuits against public participation (SLAPPs) has come sharply into focus in the EU. The case of Maltese journalist Daphne Caruana Galizia, who faced over 40 defamation actions before her assassination, became emblematic of how powerful actors use litigation to silence critical reporting. These lawsuits can chill […]
Jacob Sherkow, ‘A sociotechnical approach to genomic data privacy: a comparative analysis’
INTRODUCTION Of all of the types of personal data, human genetic data is one of the most sensitive, constituting both a ‘unique identifier and a person’s book of life’. Accordingly, the sharing of genetic data – and especially genomic data, the complete sequence of person’s genetic makeup – remains legally restricted in various ways. Advances […]
Helen Dixon, ‘GDPR is not loved, but does it work?’
SEVEN YEARS ON FROM GDPR There can be little doubting the scale of activity seen in the years since the introduction of the General Data Protection Regulation (GDPR) in 2018. Mountains of guidance have been published by national regulators, and the staffing levels of those agencies have vastly increased. Hundreds of millions of euros have […]
‘The legal system is being weaponised to silence survivors of sexual and gender-based violence’
A new report, From Survivor to Defendant: How the law is being weaponised to silence victims of sexual violence by Index on Censorship reveals how survivors of sexual and gender-based violence (SGBV) in the UK and Ireland are being silenced through abusive legal actions known as strategic lawsuits against public participation (SLAPPs). Since 2017, the […]
Schabio and Shahin, ‘User control and GDPR compliance in social media privacy policies: A comparison of Facebook, YouTube, Snapchat, WeChat, TikTok, and BeReal’
ABSTRACT This study examines the privacy policies of social networking sites launched at different stages of Web 2.0 to assess (a) the extent to which they enable user control over personal information and (b) their GDPR compliance. We analyze two early-stage platforms (Facebook, YouTube), two mid-stage platforms (Snapchat, WeChat), and two late-stage platforms (TikTok, BeReal). […]
David Rolph, ‘Truth as a defence: defamation, contempt, confidence, privacy’
ABSTRACT Many causes of action may attach liability to the publication of public allegations, defamation, contempt of court, breach of confidence and privacy being chief amongst them. The role of truth in providing a defence to, or denying liability for, each of these causes of action varies. For example, proof of substantial truth is a […]