Category Archives: Defamation and Privacy
Northon Salomão De Oliveira, ‘Medical Malpractice, Artificial Intelligence and Physician Liability: Who Is Responsible for AI-Assisted Medical Errors?’
ABSTRACT Clinical artificial intelligence has moved from pilot deployment to routine use in radiology, pathology, triage, and diagnostic support, yet malpractice doctrine still asks a single question designed for a single actor: did the treating physician breach the standard of care of a reasonably prudent practitioner? This article argues that the persistence of that question, […]
Emmanouil Bougiakiotis, ‘The Case for Abolishing Consent in Data Privacy Law’
ABSTRACT Consent in data protection law is highly contentious. Critics argue that enabling people to make their own decisions is not feasible, as people are generally poor decision-makers. However, proponents insist on the value of consent as a tool of empowerment. This Article challenges the foundational assumptions of this debate: that consent is conducive to […]
Shresht Gupta, ‘Reimagining Posthumous Privacy: Digital Inheritance, Artificial Intelligence, and Human Dignity’
ABSTRACT The emergence of artificial intelligence, digital platforms, and data driven technologies has fundamentally challenged the traditional legal assumption that privacy extinguishes upon death. While Indian constitutional jurisprudence unequivocally recognises privacy as an intrinsic facet of human dignity under Article 21, judicial precedents have consistently treated it as a purely personal right incapable of surviving […]
Mark Warby, ‘Campbell: twenty two and counting …’
My title represents a challenge to the name of the conference that gave rise to this publication. I have an excuse. For the conference organisers, the starting point was the 2004 decision of the House of Lords. That is fair enough. But I have a different perspective and a different point of departure. During the […]
‘How Misuse of Private Information Can Protect The Targets of Unauthorised Intimate Deepfakes’
Though it has many legitimate uses, the dark side of deepfake technology has once again been highlighted by Labour MP Jess Asato’s current claim against Elon Musk’s xAI for its Grok feature which produced fake sexualised images of her. Such non-consensual sexual deepfakes entail highly gendered harms that primarily harm individual targets, as well as […]
Katrina Geddes, ‘The Inconsentability of Deepfakes’
ABSTRACT It is generally understood that the principal mischief of deepfakes is the absence of consent; the depicted individual did not consent to this use of their digital likeness. In September 2025, OpenAI tested the limits of this account. It released a social media app called ‘Sora’ that allowed users to create and share a […]
Harris and Kaufman, ‘Consumer Law Meets the New Company Store’
ABSTRACT Firms have discovered new ways to extract value from workers beyond traditional labor exploitation. In labor markets increasingly characterized by monopsony power, platform work, and financialization, employers push a variety of financial products onto workers and establish surveillance systems that monetize worker data. This Article introduces the Triple Extraction Model to explain how firms […]
Emmanuel Kwasi Abrokwa, ‘Compensation for Data Breach Victims under Article 82 GDPR: A Critical Analysis’
ABSTRACT This paper critically evaluates whether Article 82 of the GDPR provides an effective system for financial compensation to individuals who have suffered harm from breaches of their personal data. The research uses current CJEU case-law to demonstrate that, although liability provisions on the amount of compensation are being established, allowing each member state’s court […]
‘AI: One year on, what Walters v OpenAI tells us about AI hallucinations and defamation liability’
One year after the decision in Walters v OpenAI (Case No 23-A-04860-2), the case remains one of the most significant judicial examinations of how traditional defamation principles apply to generative AI, albeit in a US context. While the claimant’s case failed on relatively conventional grounds, the judgment raises important questions about liability, publication, reasonable reliance, […]
Shuxin Zhang, ‘Private data in safe hands? Evolving privacy concerns in the digital era’
ABSTRACT Privacy is widely recognised as a fundamental human right in many democratic societies, as enshrined in instruments such as Article 8 of the European Convention on Human Rights (ECHR). This paper examines the enforcement landscape of data protection in the United Kingdom, with particular attention to the UK General Data Protection Regulation (UK GDPR). […]