Category Archives: Defamation and Privacy
‘Defamation rules are applied to UK GDPR claim’
An interesting recent judgment in the High Court considers the extent to which rules in defamation law might also apply to data protection claims. In July 2024 His Honour Judge Lewis struck out a claim in defamation brought by Dale Vince against Associated Newspapers. The claim arose from a publication in the Daily Mail (and […]
Naithani and Gupta, ‘An idea of inclusive and representative consent framework: bringing data subjects to data protection discourse’
INTRODUCTION Consent is the necessary catalyst that provides validity, reliability, and authenticity to a transaction and to the processing of personal data. Informed consent, which is consent at an advanced stage, prevents activities and incidents from having unexcepted and unanticipated privacy consequences for the consent giver. It is the giver’s understanding (‘intelligibility’) of a particular […]
Moosavian and Coe, ‘“The personal is political”: sexual misconduct allegations, defamation and gender politics’
ABSTRACT This article critically examines how English defamation law regulates cases involving allegations of sexual misconduct and/or violence which have become prevalent in the wake of the #MeToo movement. Part 1 provides an account of feminist methods that reveal the gendered nature of both legal doctrine and courtroom treatment of the parties in cases. Part […]
Graham Greenleaf, ‘Global Data Privacy Laws 2025: 172 Countries, Twelve New in 2023/24’
ABSTRACT This biennial global assessment is the 9th in this publication since 2011. Each assessment has been accompanied by detailed tables listing key features of all the laws assessed (see 8th Edition, 2023). The 9th Edition of the Tables will accompany the next issue. This is the first assessment to conclude that revisions to existing […]
Orly Lobel, ‘Do We Need to Know What Is Artificial? Unpacking Disclosure and Generating Trust in an Era of Algorithmic Action’
ABSTRACT Should users have the right to know when they are chatting with a bot? Should companies providing generative AI applications be obliged to mark the generated products as AI-generated or alert users of generative chats that the responder is ‘merely an LLM (or a Large Language Model)’? Should citizens or consumers – patients, job […]
Samantha Barbas, ‘The Enduring Significance of New York Times Co v Sullivan’
ABSTRACT This essay explores the history of the landmark libel and First Amendment case from 1964, New York Times v Sullivan. The story of Sullivan is a powerful illustration of the unique functions that the press fulfills in American democracy and the importance of Sullivan’s protections of those functions. Arising out of the civil rights […]
Neyers and McDonagh, ‘A Defence of the “Physicalist Heresy”: Or Why the Supreme Court of Canada Should Not Follow Fearn v Tate Gallery’
ABSTRACT This article critiques the UKSC’s decision in Fearn v Board of Trustees of the Tate Gallery which held that visual intrusion could ground a claim in private nuisance. It challenges the court’s departure from the traditional ‘physicalist’ understanding of nuisance, arguing that this shift creates conceptual confusion, disregards established precedent of the highest authority, […]
Michels, Millard, Walden and Wuermeling, ‘Beyond Schrems: The Unresolved Tensions between US Government Access and the GDPR’
ABSTRACT In this paper, we analyse the conflict between US government production orders, on the one hand, and European data protection law, on the other. This conflict arises because US law enforcement and intelligence agencies can compel cloud providers subject to US jurisdiction to disclose customer data despite the risk that such a disclosure may […]
Ruifeng Song, ‘Disenchanting Consent’
ABSTRACT Despite being criticized as a flawed mechanism for data protection, consent has witnessed a revival in the recent wave of state privacy statutes. One factor that contributed to the revival may be the widely held belief that consent constitutes the ‘cornerstone’ of data privacy laws. This Article conducts a comparative historical survey to examine […]
Shelly Simana, ‘Relational Self-Ownership: The Case for Genetic Reciprocity’
ABSTRACT Self-ownership-the idea that individuals own their bodies and what comes from them-has profoundly shaped moral and legal understandings of personal rights. Often framed in absolute terms, self-ownership is assumed to confer exclusive control. However, bodies and the resources they generate connect individuals to others in ways that create claims, dependencies, and responsibilities that cannot […]