Category Archives: Defamation and Privacy
Kim and Leavitt, ‘Data Rights for Workers’
ABSTRACT Workers are subject to immense amounts of data collection on the job, and the algorithmic management tools built with that data can produce negative effects, including deskilling jobs, unstable work hours, reduced wages, and dangerous and degrading working conditions. Workers thus have significant interests how their data are collected and used, and yet they […]
Samantha Barbas, ‘New York Times v Sullivan: A Civil Rights Story’
ABSTRACT The 1964 Supreme Court decision in New York Times v Sullivan established the ‘actual malice’ rule in libel law, requiring that in order to win a libel suit, a public official must show that a defamatory statement was false and that the speaker made the statement knowing that it was false or ‘with reckless […]
Holzenberger and Maxwell, ‘A Quantitative Approach to the GDPR’s Anonymization and Pseudonymization Tests’
ABSTRACT This article examines two tests from the European General Data Protection Regulation (GDPR): (1) the test for full anonymisation (the ‘anonymisation test’), and (2) the test for applying ‘appropriate technical measures’ to protect personal data when full anonymisation is not achieved (the ‘pseudonymisation test’). Both tests depend on vague legal standards and have given […]
‘Can a trade union sue for libel?’
In the case of Prospect v Evans [2025] EWHC 499 (KB), the Defendant, a former member of the Claimant trade union which represents professionals and specialist workers across a range of sectors sought to hold to account the Claimant’s officers for alleged wrongdoing … (more) [Tom Double, Inforrm’s Blog, 23 April 2025]
Peter Kutner, ‘Defamation of governments and government enterprises’
ABSTRACT This article examines the law on whether a governmental body or a commercial enterprise owned by a government can maintain an action for defamation. It is now widely accepted that a government cannot sue for defamation. But this is not a unanimous view. The extent to which the bar to governmental defamation actions applies […]
Christina Lee, ‘Beyond Algorithmic Disgorgement: Remedying Algorithmic Harms’
ABSTRACT AI regulations are popping up around the world, and they mostly involve ex-ante risk assessment and mitigating those risks. But even with careful risk assessment, harms inevitably occur. This leads to algorithmic remedies: what to do once algorithmic harms occur, especially when traditional remedies are ineffective. What makes a particular algorithmic remedy appropriate for […]
Veena Dubal, ‘Data Laws at Work’
ABSTRACT In recognition of the material, physical, and psychological harms arising from the growing use of automated monitoring and decision-making systems for labor control, jurisdictions around the world are considering new digital-rights protections for workers. Unsurprisingly, legislatures frequently turn to the European Union (EU) for inspiration. The EU, through the passage of the General Data […]
Nataliia Filatova-Bilous, ‘Data Contracts under Recent Developments of European Law: Novations and Paradoxes’
ABSTRACT The article analyses the most recent trends of data regulation in the EU and the peculiarities of data contracts. The latest regulations adopted or proposed in the EU set an access regime for data, which means that there is no exclusive owner of data, and data may be accessed and used by everyone participating […]
Häuselmann and Custers, ‘The Right to Rectification and Inferred Personal Data’
ABSTRACT Inferred data, such as predictions and emotional states, may have limited accuracy or may even be incorrect from the perspective of data subjects. According to Article 16 of the General Data Protection Regulation (GDPR), data subjects can then invoke their right to rectification. To rectify personal data, data subjects must provide objectively verifiable evidence […]
Dove and Taylor, ‘Prismall v Google UK Ltd [2024] EWCA CIV 1516: misuse of private information in the medical context’
INTRODUCTION On 11 December 2024, the Court of Appeal of England and Wales handed down its judgment in the case of Prismall v Google UK Ltd. The case had been appealed from the High Court of Justice by counsel for the representative claimant, Mr Andrew Prismall, against the strike-out of his representative claim and an […]