Category Archives: Defamation and Privacy
Drake, Furner, Mehta and Xue, ‘Who’s to Blame? The Influence of Privacy Policies and Privacy Breaches on Perceptions of Contract Violations’
ABSTRACT Incorporating literature on perceptions of privacy violations, legal perspectives on privacy torts, and communication privacy management theory, this study introduces a three-entity model to examine the interplay among privacy concerns, psychological contract violations (PCV), and the perceived effectiveness of privacy policies across varying types of privacy violations. Employing scenario-based experiments, the study explores two […]
Irwin Kramer, ‘The Birth of Privacy Law: A Century Since Warren and Brandeis’
ABSTRACT More than a century after Samuel Warren and Louis Brandeis published ‘The Right to Privacy’ in the Harvard Law Review, their article remains one of the most influential – and perhaps misunderstood – pieces of legal scholarship in American history. This article revisits their seminal work, analyzing the historical context that gave rise to […]
Łukasz Żelechowski, ‘Self-Driving Cars Facing the Law: Answers at Law – Applicable and Prospective Looking into the Future with Today’s Glasses?’
ABSTRACT This chapter examines the legal aspects of the use of self-driving cars, including civil and criminal liability, the integration of self-driving cars in the insurance industry, and personal data protection in connection with the exploitation of self-driving cars. The chapter encompasses both Polish and EU legal perspectives on aspects harmonized within the European Union. […]
Young and Bustard, ‘Capping Defamation Damages’
ABSTRACT The law governing defamation damages is problematic. Damages are presumed, without the need for any supporting evidence, once the elements of the tort are established. They are at large and reflect intangible injuries, so their precise quantification is inevitably arbitrary. Their quantum is increasing at far greater than the rate of inflation. Indeed, the […]
Aplin and Skillen, ‘Douglas v Hello! Ltd’
ABSTRACT We examine Douglas (No 3) in several sections to illustrate its landmark status. We begin in section II with an overview of the decision, before turning in section III to assess how the court grappled with the independence or otherwise of privacy protection. In section IV, the privileged approach to photographs is discussed before […]
Peter Haas, ‘Privacy Protection Through Publicity: Licensing Ones Likeness To Employers Via Biometrics’
ABSTRACT Privacy, an essential human right, is increasingly compromised in the digital age – often traded for security and convenience. This erosion is exacerbated by the pervasive use of digital technology, which introduces new methods of identification and surveillance. Historical implicit privacy is no longer sufficient; explicit rules are required to balance security needs with […]
David Erdos, ‘The Retained EU Law Act and Regulations 2023/1417: Undercutting the UK’s European Data Protection Rights Commitments?’
ABSTRACT Both the Retained EU Law (Revocation and Reform) Act (REULA) and its Regulations 2023/1417 significantly reform UK data protection and raise tensions with the UK’s Council of Europe commitments. Whilst including a non-binding incompatibility mechanism, REULA generally prohibits overriding other law for inconsistency with the UK General Data Protection Regulation (GDPR). Since key UK […]
Munir, Yasin, Irfan, Hussain and Bashir, ‘Artificial Intelligence, Data Protection and Transparency: A Comparative Study of GDPR and CCPA’
ABSTRACT This study explores the relationship between artificial intelligence (AI), data protection, and transparency, focusing on the legal frameworks designed to manage these complexities, particularly the European Union’s General Data Protection Regulation (GDPR). As modern technologies become deeply embedded in daily life, privacy, transparency, fairness, and accountability concerns have intensified. This research critically examines the […]
Merane and Stremitzer, ‘Automated Private Enforcement: Evidence from the Google Fonts Case’
ABSTRACT Plaintiffs often have little incentive to detect and enforce small claims, which reduces defendants’ incentives to comply. With advances in artificial intelligence, can automated private enforcement increase compliance? The Google Fonts Case offers a unique opportunity to explore this question. After a German court ruled that the dynamic embedding of Google Fonts violated the […]
Dave Fagundes, ‘Genetic Property Rhetoric and the Public Domain’
ABSTRACT Among the many themes that illuminate Jorge Contreras’s The Genome Defense, this Essay focuses on property. It considers the rhetorical role played by property in convincing both courts and the public that patenting genetic data was legally and ethically objectionable. This Essay begins by locating property-and public property-as a major theme in the dialogue […]