Journal articles: 'Law Privacy'

1

Grijpink, Jan. "Privacy Law." Computer Law & Security Review 17, no. 3 (May 2001): 154–60. http://dx.doi.org/10.1016/s0267-3649(01)00304-1.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

Cuijpers, Colette. "A Private Law Approach to Privacy; Mandatory Law Obliged?" SCRIPT-ed 4, no. 4 (December 15, 2007): 304–18. http://dx.doi.org/10.2966/scrip.040407.304.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

Cornock, Marc. "Privacy Law HandbookPrivacy Law Handbook." Nursing Standard 25, no. 40 (June 8, 2011): 30. http://dx.doi.org/10.7748/ns2011.06.25.40.30.b1216.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

Davies, Simon. "Privacy law — Australia." Computer Law & Security Review 13, no. 6 (November 1997): 429–30. http://dx.doi.org/10.1016/s0267-3649(97)89793-2.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

McDonagh, Maeve. "Australian privacy law." Computer Law & Security Review 6, no. 5 (January 1991): 13–17. http://dx.doi.org/10.1016/0267-3649(91)90149-p.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

Collins, Hugh. "The Decline of Privacy in Private Law." Journal of Law and Society 14, no. 1 (1987): 91. http://dx.doi.org/10.2307/1410299.

Full text

APA, Harvard, Vancouver, ISO, and other styles

7

Cohen, Julie E. "Turning Privacy Inside Out." Theoretical Inquiries in Law 20, no. 1 (March 16, 2019): 1–31. http://dx.doi.org/10.1515/til-2019-0002.

Full text

Abstract:

Abstract The problem of theorizing privacy moves on two levels, the first consisting of an inadequate conceptual vocabulary and the second consisting of an inadequate institutional grammar. Privacy rights are supposed to protect individual subjects, and so conventional ways of understanding privacy are subject-centered, but subject-centered approaches to theorizing privacy also wrestle with deeply embedded contradictions. And privacy’s most enduring institutional failure modes flow from its insistence on placing the individual and individualized control at the center. Strategies for rescuing privacy from irrelevance involve inverting both established ways of talking about privacy rights and established conventions for designing institutions to protect them. In terms of theory, turning privacy inside out entails focusing on the conditions that are needed to produce sufficiently private and privacy-valuing subjects. Institutionally, turning privacy inside out entails focusing on the design, production, and operational practices most likely to instantiate and preserve those conditions.

APA, Harvard, Vancouver, ISO, and other styles

8

Lemley, Mark. "Privacy, Property, and Publicity." Michigan Law Review, no. 117.6 (2019): 1153. http://dx.doi.org/10.36644/mlr.117.6.privacy.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

Serwin, Andrew. "Privacy 3.0-The Principle of Proportionality." University of Michigan Journal of Law Reform, no. 42.4 (2009): 869. http://dx.doi.org/10.36646/mjlr.42.4.privacy.

Full text

Abstract:

Individual concern over privacy has existed as long as humans have said or done things they do not wish others to know about. In their groundbreaking law review article The Right to Privacy, Warren and Brandeis posited that the common law should protect an individual's right to privacy under a right formulated as the right to be let alone-Privacy 1.0. As technology advanced and societal values also changed, a belief surfaced that the Warren and Brandeis formulation did not provide sufficient structure for the development of privacy laws. As such, a second theoretical construct of privacy, Privacy 2.0 as expressed in Dean Prosser's work Privacy was created. Dean Prosser continued (or expanded) upon the concepts formulated by Warren and Brandeis, particularly in emphasizing the role of common law in protecting privacy. These works, while influential in their time, do not account for paradigm shifts in technology, or, perhaps more importantly, changes in how people live their lives. The unending advance of technology and changes in societal norms fundamentally dictate that privacy theory must change over time, or it will lose its relevance. Indeed, in today ' Web 2.0 world where many people instantly share very private aspects of their lives, one can hardly imagine a privacy concept more foreign than the right to be let alone. The question confronting modern-day privacy scholars is this: Can a common law based theory adequately address the shifting societal norms and rapid technological changes of today's Web 2.0 world where legislatures and government agencies, not courts, are more proactive on privacy protections? This Article argues that the answer is no and instead argues that the overarching principle of privacy of today should not be the right to be let alone, but rather the principle of proportionality. This is Privacy 3. 0.

APA, Harvard, Vancouver, ISO, and other styles

10

Austin, Lisa M. "Privacy and Private Law: The Dilemma of Justification." McGill Law Journal 55, no. 2 (December 16, 2010): 165–210. http://dx.doi.org/10.7202/045084ar.

Full text

Abstract:

In recent years there has been a remarkable convergence across several common law jurisdictions regarding the need to recognize some form of a tort of invasion of privacy, particularly with respect to the publication of private facts. Despite this convergence, the author argues that there remains a palpable “containment anxiety” at play in the jurisprudence that is responsible for a number of recurring tensions regarding the scope of protection. Instead of focusing on the question of how to define privacy, this paper frames the containment anxiety at issue in the cases in terms of a justificatory dilemma rather than a definitional one. Using the work of Mill and Kant, the author argues that if we understand privacy rights as protecting either the value of autonomy or freedom from harm then we can justify a narrow legal right to privacy. Although this can explain the containment anxiety in the jurisprudence, it severely undermines the growing recognition of the importance of privacy. Therefore this paper proposes an alternative justification for privacy rights that is rooted in the value of protecting identity interests, where identity is understood in terms of one's capacity for self-presentation.

APA, Harvard, Vancouver, ISO, and other styles

11

Ren, Raphael, Tiong Guan Saw, and Sujata Balan. "IS THERE A PRIVATE RIGHT TO PRIVACY IN MALAYSIA?" IIUM Law Journal 30, no. 1 (July 7, 2022): 1–32. http://dx.doi.org/10.31436/iiumlj.v30i1.648.

Full text

Abstract:

Despite widespread recognition as a fundamental human right across common law and civil law jurisdictions, the right to privacy remains a novel concept yet to be fully defined in Malaysia. Due to the absence of written law, Malaysian courts remain starkly divided on whether the right to privacy can sustain a free-standing cause of action enforceable between individuals in civil actions distinct from trespass, nuisance and breach of confidence. To resolve this legal conundrum, this article examines the current state of Malaysian law in recognising invasion of privacy as an actionable tort based on conventional norms. Reference will be made to primary sources of law, i.e., the Federal Constitution, statutes, and judicial decisions, as well as secondary sources of law inclusive of scholarly writings and judicial decisions from foreign common law jurisdictions where laws on privacy have ripened, i.e. the US, UK, New Zealand, and Canada. The article consists of three parts. the first part provides a summary of normative values of privacy. Second, examination of the judicial decisions by the Malaysian Federal Court, Court of Appeal, and High Court on the right to privacy. Third, evaluation of alternative sources of written law and the common law tests to establish the tort of invasion of privacy. This article concludes that a fresh paradigm is required to develop the Malaysian legal framework on privacy to ensure coherence with its normative origins and consistency with the legal standards of other common law jurisdictions.

APA, Harvard, Vancouver, ISO, and other styles

12

Moreham, N. A. "BEYOND INFORMATION: PHYSICAL PRIVACY IN ENGLISH LAW." Cambridge Law Journal 73, no. 2 (July 2014): 350–77. http://dx.doi.org/10.1017/s0008197314000427.

Full text

Abstract:

AbstractAlthough English privacy law has developed significantly over the past two decades, it continues to focus almost exclusively on the disclosure of private or confidential information. This article argues that if privacy is to be comprehensively protected, then the importance of physical privacy – which is breached when a person is looked at, listened to or recorded against his or her wishes – must also be recognised. After discussing what physical privacy is and why existing protections for it are inadequate, the author contends that a physical privacy action can, and should, be developed from within English common law.

APA, Harvard, Vancouver, ISO, and other styles

13

Keenan, Rachel. "Image Rights and Privacy Law – A Summary of the UK Position." Business Law Review 30, Issue 5 (May 1, 2009): 110–15. http://dx.doi.org/10.54648/bula2009024.

Full text

Abstract:

This article looks at privacy law in the US, Germany and France before providing a summary of the case law which suggests the emergence of a privacy law in the UK through the expanded and developed areas of law such as breach of confidence, data protection and human rights in order to offer individuals some form of protection over private aspects of their lives where specific privacy legislation has not done so.

APA, Harvard, Vancouver, ISO, and other styles

14

Lippert, Randy K., and Kevin Walby. "Governing Through Privacy: Authoritarian Liberalism, Law, and Privacy Knowledge." Law, Culture and the Humanities 12, no. 2 (March 26, 2013): 329–52. http://dx.doi.org/10.1177/1743872113478530.

Full text

APA, Harvard, Vancouver, ISO, and other styles

15

Gilmore, Leigh. "Reassembling Privacy: Vernacular Privacy in Law andThe Scarlet Letter." Law & Literature 27, no. 3 (May 18, 2015): 295–312. http://dx.doi.org/10.1080/1535685x.2015.1024921.

Full text

APA, Harvard, Vancouver, ISO, and other styles

16

Bennett, Thomas D. C. "Triangulating Intrusion in Privacy Law." Oxford Journal of Legal Studies 39, no. 4 (2019): 751–78. http://dx.doi.org/10.1093/ojls/gqz024.

Full text

Abstract:

Abstract This article concerns two interrelated, persistent problems for privacy law. The first is the failure of academic scholarship to get adequately to grips with the meaning of privacy. The second is the apparent inability of the English judiciary to resolve the common law lacuna in respect of intrusion-type privacy violations. The two problems are related in that the former is a significant contributor to the latter. Mainstream scholarship has long insisted on pursuing the One True Meaning of privacy, thereby overlooking valid alternative conceptualisations and creating a melange of theories that provides little assistance to judges. However, by adopting a novel, triangulation-based approach to understanding privacy of the sort proposed herein, it is possible to locate points of consensus between these rival theories in respect of particular privacy-violating activities. This consensus can provide the certainty common law judges require for the elaboration of further doctrine in this field.

APA, Harvard, Vancouver, ISO, and other styles

17

Moore, Adam D. "Privacy, Speech, and the Law." Journal of Information Ethics 22, no. 1 (April 1, 2013): 21–43. http://dx.doi.org/10.3172/jie.22.1.21.

Full text

APA, Harvard, Vancouver, ISO, and other styles

18

Skinner-Thompson, Scott. "Introduction: Privacy Studies, Surveillance Law." Surveillance & Society 20, no. 3 (September 5, 2022): 294–96. http://dx.doi.org/10.24908/ss.v20i3.15774.

Full text

Abstract:

This Dialogue section examines perspectives on how privacy law scholarship and surveillance scholarship can be further enriched with more critical reflection and discussion between the disciplines and includes valuable contributions from thought leaders in each field.

APA, Harvard, Vancouver, ISO, and other styles

19

Leib, Jennifer R., Elizabeth Hoodfar, Joy Larsen Haidle, and Rebecca Nagy. "The new genetic privacy law." Community Oncology 5, no. 6 (June 2008): 351–54. http://dx.doi.org/10.1016/s1548-5315(11)70468-5.

Full text

APA, Harvard, Vancouver, ISO, and other styles

20

Saxby, S. "History of US Privacy Law." Computer Law & Security Review 21, no. 3 (January 2005): 276. http://dx.doi.org/10.1016/j.clsr.2005.01.011.

Full text

APA, Harvard, Vancouver, ISO, and other styles

21

Fuller, Caleb S. "Privacy law as price control." European Journal of Law and Economics 45, no. 2 (July 26, 2017): 225–50. http://dx.doi.org/10.1007/s10657-017-9563-6.

Full text

APA, Harvard, Vancouver, ISO, and other styles

22

Harader, William H. "Drug testing and privacy law." Government Information Quarterly 5, no. 1 (January 1988): 57–72. http://dx.doi.org/10.1016/0740-624x(88)90049-4.

Full text

APA, Harvard, Vancouver, ISO, and other styles

23

Álvarez-Valenzuela, Daniel. "The Constitutional System for the Protection of Privacy in Chilean Law." Global Privacy Law Review 2, Issue 2 (June 1, 2021): 131–40. http://dx.doi.org/10.54648/gplr2021017.

Full text

Abstract:

This article proposes a systemic review of the protection of privacy in the Chilean Constitution, understood not only by the norms of Article 19 No. 4, the right to privacy and the right to the protection of personal data, but also through the normative content provided by No. 5, which comprises the rights to the inviolability of the home, private communications and documents, subject to constitutional protection. When we conceive the privacy protection standards set out in Chilean constitutional law as a system, we can appreciate that despite the obvious differences between the different rights that form this system, there are areas where they do intersect or overlap when applying them to specific facts. This wide scope of protection is essential to apply the right to privacy as a strong defence against the threats and risks posed by the use of digital technologies. Chile, Privacy, Constitutional Law, Personal Data, Private Communications, Informational Self-Determination

APA, Harvard, Vancouver, ISO, and other styles

24

O’Callaghan, Patrick. "False Privacy and Information Games." Journal of European Tort Law 4, no. 3 (November 1, 2013): 282–305. http://dx.doi.org/10.1515/jetl-2013-0019.

Full text

Abstract:

AbstractThis paper is a critique of false privacy, the proposition that privacy’s protective remit should extend to information that is entirely false. It argues that there are conceptual as well as doctrinal problems associated with such an action in tort law. First, drawing on the work of the American sociologist, Erving Goffman, the paper challenges the idea that the authentic self can be recognised in law. Second, the paper argues that false privacy sits uneasily with tort law’s doctrinal framework. While the paper focuses on English tort law, it pursues its lines of argument in a comparative context, exploring how German and US law give expression to false privacy.

APA, Harvard, Vancouver, ISO, and other styles

25

Kohl, Uta. "THE RIGHT TO BE FORGOTTEN IN DATA PROTECTION LAW AND TWO WESTERN CULTURES OF PRIVACY." International and Comparative Law Quarterly 72, no. 3 (July 2023): 737–69. http://dx.doi.org/10.1017/s0020589323000258.

Full text

Abstract:

AbstractData protection law has emerged as an important bulwark against online privacy intrusions, and yet its status within privacy law remains awkward. Its starting point of protecting ‘personal’ rather than ‘private’ information puts it at odds with privacy more generally. Indeed, in its very design, data protection law caters for the protection of public personal information, or personal information which has attained a degree of publicness through disclosure. Building on James Whitman's comparative privacy study, this article argues that data protection law is not the odd bedfellow of privacy law properly so called but may be understood as a manifestation of the Continental European culture of privacy. Its distinctiveness does not lie in its apparent technicality but in its robust openness to privacy in public—an idea that is alien to the Anglo-American culture of privacy. Whilst these two cultures of privacy have long ‘met’ in different jurisdictions, this article locates their enduring influence and antagonism within three contemporary privacy regimes. By taking the right to be forgotten, as an archetypal privacy-in-public right, in the testing context of spent criminal convictions, the article gauges the comparative openness to such claims, first, of the Court of Justice of the European Union as the authoritative voice on General Data Protection Regulation normativity; secondly, of the US judiciary as committed to the First and Fourth Amendment; and, thirdly, of the European Court of Human Rights on Article 8 of the European Convention on Human Rights and its fused Anglo-American and Continental European privacy jurisprudence. It is the latter jurisprudence in particular that highlights the tensions arising from trying to marry the two privacy traditions, or merge data protection and ‘privacy’ law. Yet, these tensions also offer insights and opportunities.

APA, Harvard, Vancouver, ISO, and other styles

26

Mo, Yun Ching Jojo, and A. K. C. Koo. "A Bolder Step towards Privacy Protection in Hong Kong: A Statutory Cause of Action." Asian Journal of Comparative Law 9 (January 1, 2014): 345–80. http://dx.doi.org/10.1017/s2194607800001034.

Full text

Abstract:

AbstractPrivacy is an important value which is internationally recognised as worthy of protection. However, it has been under constant challenge for a number of reasons including changes in technology which facilitate informational and other forms of surveillance and privacy-invasive media practices. Because of its multi-faceted nature, privacy is typically regulated by a variety of different means. Data protection laws seek to ensure the fair handling of personal information. Criminal sanctions are used to outlaw more serious invasions of privacy, including certain breaches of communications privacy and uses of surveillance devices. Assorted civil actions are relied on to protect broader interests in privacy. However, the piecemeal nature of privacy protection is often found to be inadequate and victims frequently lack appropriate remedies. Therefore, many common law countries either provide for or are actively considering the introduction of civil remedies to specifically address general privacy issues. There has also been active consideration of measures to regulate media organisations, especially in the light of the Murdoch scandal in the United Kingdom. The inadequacies in the law have prompted calls for law reform in Hong Kong, and recommendations have been made in the report on Civil Liability for Invasion of Privacy (2004). It examined the need of individuals to be able to seek civil remedies for unwarranted invasion of privacy. In it the Law Reform Commission of Hong Kong (HKLRC) proposed the introduction of specific statutory torts of privacy to cover acts and conduct frustrating the reasonable expectation of an individual’s privacy. It proposed that a person, who invaded another’s privacy by intruding upon their solitude or seclusion, or by intruding into their private affairs or concerns, should be liable in tort. It also recommended another tort for invasion of privacy arising out of public disclosure of private facts. This article focuses on the issue of civil liability and analyses the inadequacies of existing laws and regulatory regimes and attempts to come up with a model that is most suitable for Hong Kong. It takes the HKLRC’s recommendations as its starting point but refines and modifies them, drawing on the insights that have since become available from the work of other law reform bodies and further developments in overseas case law.

APA, Harvard, Vancouver, ISO, and other styles

27

Blume, Peter. "Danish Data Protection with Respect to Law Libraries." International Journal of Legal Information 31, no. 3 (2003): 452–61. http://dx.doi.org/10.1017/s0731126500003735.

Full text

Abstract:

Data protection and information privacy are essential parts of lex informatica. The purpose of legal rules is to sustain a modern development and adjustment of the fundamental right to privacy, taking the realities of the information society into consideration. The aim is to protect the individual against misuse of personal information that may violate the private sphere and simultaneously to protect against surveillance with the purpose of governing behavior. Privacy protection is furthermore important, since personal information, which always has had economic value to a much larger degree, has become a commodity today. There are many reasons sustaining data protection, and legal regulation is very broad covering all parts of society. Merely a fragment of this issue is being considered in the following.

APA, Harvard, Vancouver, ISO, and other styles

28

Sembiring, Patricia Edina, Ahmad M. Ramli, and Laina Rafianti. "IMPLEMENTASI DESAIN PRIVASI SEBAGAI PELINDUNGAN PRIVASI ATAS DATA BIOMETRIK." Veritas et Justitia 10, no. 1 (June 29, 2024): 127–52. http://dx.doi.org/10.25123/vej.v10i1.7622.

Full text

Abstract:

Attention to biometric data security has become urgent for protecting user privacy. In the context of the Protection of Data Privacy (PDP) Law, biometric data are classified as specific data, requiring extra protection due to their unique, non-exchangeable characteristics. This study uses a normative approach, analyzing legislation and legal comparisons through regional and international regulations, to examine two issues: the position of biometric data as specific data under the Electronic Information and Transactions Law and PDP Law, and the technical solutions through privacy by design to protect biometric data. The research findings are: (1) Biometric data are correlated with privacy and personal rights, classifying them as specific data. Their use for public and private interests raises the potential for privacy violations. (2) Technical solutions through privacy by design can begin with implementing consent at the registration stage by personal data controllers, ensuring the processing of biometric data achieves specific purposes.

APA, Harvard, Vancouver, ISO, and other styles

29

Culnane, Chris, and Kobi Leins. "Misconceptions in Privacy Protection and Regulation." Law in Context. A Socio-legal Journal 36, no. 2 (April 16, 2020): 1–12. http://dx.doi.org/10.26826/law-in-context.v36i2.110.

Full text

Abstract:

Privacy protection legislation and policy is heavily dependent on the notion of de-identification. Repeated examples of its failure in real-world use have had little impact on the popularity of its usage in policy and legislation. In this paper we will examine some of the misconceptions that have occurred to attempt to explain why, in spite of all the evidence, we continue to rely on a technique that has been shown not to work, and further, which is purported to protect privacy when it clearly does not. With a particular focus on Australia, we shall look at how misconceptions regarding de-identification are perpetuated. We highlight that continuing to discuss the fiction of de-identified data as a form of privacy actively undermines privacy and privacy norms. Further, we note that ‘de-identification of data’ should not be presented as a form of privacy protection by policy makers, and that greater legislative protections of privacy are urgently needed given the volumes of data being collected, connected and mined.

APA, Harvard, Vancouver, ISO, and other styles

30

Pastukhov, Oleksandr. "Leveraging Privacy Torts: A Case for Statutory Damages under European Data Protection Law." Global Privacy Law Review 5, Issue 2 (May 1, 2024): 69–81. http://dx.doi.org/10.54648/gplr2024010.

Full text

Abstract:

Privacy torts remain poor relations of European Union (EU) data protection law. The Data Protection Directive’s rules on compensation for damages caused by intrusions of privacy remained largely unchanged in the General Data Protection Regulation (GDPR) that is preoccupied with administrative measures against the violators of its rules more than with arming the victims of privacy infringements with effective and efficient rules on privacy torts. This article addresses the issue of the underutilization of the right of private action under EU data protection law by identifying deficiencies of the rules on damages contained in both the Directive and the Regulation and arguing for their reinforcement with provisions on statutory damages. In search for guidance, it looks into the application of statutory damages in intellectual property (IP) law, their potentially punitive effect and, on the basis of the privacy case law of the European Court of Human Rights, offers indications of possible amounts of the statutory damages being proposed.

APA, Harvard, Vancouver, ISO, and other styles

31

Wang, Yanbing. "Privacy Protection of Public Figures in China—The Case of Yundi Li’s Prostitution." Studies in Law and Justice 2, no. 2 (June 2023): 109–17. http://dx.doi.org/10.56397/slj.2023.06.15.

Full text

Abstract:

Since the birth of the right to privacy, more and more attention has been paid to the protection of the right to privacy. In China, since the introduction of privacy rights from the West, the protection of privacy rights has been focused on civil law, while the protection of privacy rights in legislation and judicial practice in other branches of law has only been superficial but not in-depth. The effect of civil law on the protection of privacy rights is undeniable, especially after the introduction of the Civil Code, which provides more thorough and complete regulations on privacy rights in the field of civil law. However, with the development of society, relying on civil law alone to protect the right to privacy has become a challenge. The protection of the right to privacy of public figures is even more lacking. For example, the case of Li Yundi’s prostitution, which was publicly reported by the Beijing Chaoyang Public Security Bureau on 21 October 2021, reveals the loopholes in the protection of privacy and the privacy of public figures in China. Firstly, civil law in China has been effective in protecting the right to privacy, but in this case, the right of public security to disclose Li Yundi’s private life involves the infringement of citizens’ privacy by public power. Secondly, in China, public figures are often involved in the public interest, and it is the consensus of the academia and society as a whole that anyone in conflict with the public interest should give way to the public interest. However, in judicial practice, the author believes that it is unfair to treat public figures and ordinary citizens differently in terms of privacy rights when the public interest is not seriously endangered. Therefore, this article aims to analyse the current status and shortcomings of the legislation and judicial practice on the protection of the privacy of public figures in China on the basis of the right to privacy and the privacy of public figures, and to draw on the advanced experience of other countries in order to establish and improve the privacy protection mechanism of public figures in China.

APA, Harvard, Vancouver, ISO, and other styles

32

Ashford, Chris, and Mark O'Brien. "Privacy and the public/private divide." Information & Communications Technology Law 17, no. 1 (March 2008): 1–2. http://dx.doi.org/10.1080/13600830801886950.

Full text

APA, Harvard, Vancouver, ISO, and other styles

33

Decew, Judith W. "Defending the ?private? in constitutional privacy." Journal of Value Inquiry 21, no. 3 (August 1987): 171–84. http://dx.doi.org/10.1007/bf00140359.

Full text

APA, Harvard, Vancouver, ISO, and other styles

34

Hartshorne, John. "The need for an intrusion upon seclusion privacy tort within English law." Common Law World Review 46, no. 4 (November 23, 2017): 287–305. http://dx.doi.org/10.1177/1473779517739798.

Full text

Abstract:

In the United States, New Zealand and the Canadian province of Ontario, recognition has been afforded to privacy torts remedying intrusions upon seclusion or solitude, and the creation of such a tort has also been recommended by the Australian Law Reform Commission. In England and Wales, recognition has so far only been afforded to a privacy tort remedying misuse of private information. This article considers the current prospects for the recognition of an intrusion upon seclusion tort within English law. It will be suggested that there is less necessity for such recognition following the apparent recent confirmation by the decisions in Gulati v MGN and Vidal-Hall v Google that misuse of private information claims may still be brought where there is no ensuing publication of wrongly acquired private information. Given that intrusions commonly result in the acquisition of private information, it will be suggested that many of the privacy interests protected by the intrusion torts in other jurisdictions may now therefore be protected in English law through a claim for misuse of private information.

APA, Harvard, Vancouver, ISO, and other styles

35

Dallari, Sueli Gandolfi, Felipe Angel Bocchi Castellaro, and Iara Coelho Zito Guerriero. "Biobanking and Privacy Law in Brazil." Journal of Law, Medicine & Ethics 43, no. 4 (2015): 714–25. http://dx.doi.org/10.1111/jlme.12314.

Full text

Abstract:

Recent scientific and technological developments have promoted the emergence of biobanks on a population scale. Although the storage of human biological material has taken place for a long time, it is only recently that biobanks have acquired a broader scientific significance, especially for genomic research. The increase in biobanks creates many ethical dilemmas, such as the protection of privacy, and creates the need for a new regulatory framework, which must enable the sustainable development of biobanks while also protecting the rights of research subjects and biobank participants.

APA, Harvard, Vancouver, ISO, and other styles

36

Capron, Alexander Morgan. "At Law: Privacy: Dead and Gone?" Hastings Center Report 22, no. 1 (January 1992): 43. http://dx.doi.org/10.2307/3562724.

Full text

APA, Harvard, Vancouver, ISO, and other styles

37

Wible, Brad. "Synthetic data, privacy, and the law." Science 364, no. 6438 (April 25, 2019): 348.7–349. http://dx.doi.org/10.1126/science.364.6438.348-g.

Full text

APA, Harvard, Vancouver, ISO, and other styles

38

Lever, Annabelle. "Law and the philosophy of privacy." Contemporary Political Theory 16, no. 3 (August 23, 2016): 402–4. http://dx.doi.org/10.1057/s41296-016-0019-5.

Full text

APA, Harvard, Vancouver, ISO, and other styles

39

Rowlingson, R. R. "Marrying privacy law to information security." Computer Fraud & Security 2006, no. 8 (August 2006): 4–6. http://dx.doi.org/10.1016/s1361-3723(06)70408-0.

Full text

APA, Harvard, Vancouver, ISO, and other styles

40

Hancock, Bill. "US Privacy Law Proposals Cause Concerns." Computers & Security 19, no. 8 (December 2000): 677–78. http://dx.doi.org/10.1016/s0167-4048(00)08015-9.

Full text

APA, Harvard, Vancouver, ISO, and other styles

41

Meyer, John. "First federal Net privacy law approved." Computers & Security 17, no. 8 (January 1998): 719. http://dx.doi.org/10.1016/s0167-4048(98)90350-9.

Full text

APA, Harvard, Vancouver, ISO, and other styles

42

Heinlein, Edwin B. "Communications, security, privacy and the law." Computers & Security 13, no. 2 (April 1994): 119–21. http://dx.doi.org/10.1016/0167-4048(94)90058-2.

Full text

APA, Harvard, Vancouver, ISO, and other styles

43

Boshe, Patricia. "Data privacy law: an international perspective." Information & Communications Technology Law 24, no. 1 (January 2, 2015): 118–20. http://dx.doi.org/10.1080/13600834.2014.996324.

Full text

APA, Harvard, Vancouver, ISO, and other styles

44

Kaminski, Margot. "A recent renaissance in privacy law." Communications of the ACM 63, no. 9 (August 21, 2020): 24–27. http://dx.doi.org/10.1145/3411049.

Full text

APA, Harvard, Vancouver, ISO, and other styles

45

Enqvist, Lena, and Yana Litins'ka. "Employee Health Data in European Law." Nordic Journal of European Law 5, no. 1 (August 31, 2022): 40–66. http://dx.doi.org/10.36969/njel.v5i1.24498.

Full text

Abstract:

While there are many feasible reasons for employers to process employee health data, the protection of such data is a fundamental issue for ensuring employee rights to privacy in the workplace. The sharing of health data within workplaces can lead to various consequences, such as losing a sense of privacy, stigmatisation, job insecurity and social dumping. At the European level, the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and EU General Data Protection Regulation (GDPR)–two interconnected instruments–offer the most enforceable protection of employee health data. The article analyses the limits of employees’ right to privacy regarding health data, as delineated by the ECHR and GDPR. Using three fictive examples, we illustrate how the level of protection differs in these two instruments. In particular, we show that the protection of health data offered by the GDPR is seen as an objective act of processing at the time it is carried out, where the actual impact caused by the processing on private life is not considered. On the contrary, the ECHR’s applicability and offered level of protection in the employment context depend on subjective factors, such as the consequences of sharing the data.

APA, Harvard, Vancouver, ISO, and other styles

46

Perry, John. "Natural Privacy." Washington University Review of Philosophy 3 (2023): 83–92. http://dx.doi.org/10.5840/wurop202337.

Full text

Abstract:

Over the last century and a half, appeals to “privacy” have become common in American law. The result is a rather chaotic mix of concepts, which philosophers might be able to help bring into some kind of order. But I want to discuss one kind of privacy that isn’t discussed much in the law literature, what I call “natural privacy.” I strongly suspect that unlike cricket or checkers or bridge with respect to our concept of game (Wittgenstein’s example) there is something very basic about natural privacy that can illuminate, at least to a certain extent, part of the web of concepts for which we have come to use the term “privacy.” The basis of this hunch is that two aspects of natural privacy, imagination and contemplation, seem to be a very important part of what it is to be a human being. The privacy we seek by building houses, fences and private offices seems to bear a close kinship with the kind of privacy with which nature endows us. And so does the sort of privacy we seek to provide, often in vain, for things we do with the help of modern technology, from the printing press to the internet.

APA, Harvard, Vancouver, ISO, and other styles

47

Shchukina, Tatiana. "Canada's Digital Charter becomes law." Russia and America in the 21st Century, no. 6 (2022): 0. http://dx.doi.org/10.18254/s207054760023515-3.

Full text

Abstract:

Canadians increasingly rely on digital technology to connect with each other, to work and innovate. That’s why the Government of Canada is committed to making sure Canadians can benefit from the latest technologies, knowing that their privacy is safe and secure, and that companies are acting responsibly. In June 2022, the government proposed the Digital Charter Implementation Act, 2022, which will significantly strengthen Canada’s private sector privacy law, create new rules for the responsible development and use of artificial intelligence (AI), and continue advancing the implementation of Canada’s Digital Charter. Canada's Digital Charter sets out principles to ensure that privacy is protected, data-driven innovation is human-centred, and Canadian organizations can lead the world in innovations that fully embrace the benefits of the digital economy. Canadians must be able to trust that their personal information is protected, that their data will not be misused, and that organizations operating in this space communicate in a simple and straightforward manner with their users. This trust is the foundation on which Canadian digital and data-driven economy will be built. This legislation takes a number of important steps to ensure that Canadians have confidence that their privacy is respected and that AI is used responsibly, while unlocking innovation that promotes a strong economy. The Digital Charter Implementation Act, 2022 will include three proposed acts: the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and the Artificial Intelligence and Data Act.

APA, Harvard, Vancouver, ISO, and other styles

48

Dai, Xin. "Privacy, reputation, and control: public figure privacy law in contemporary China." Peking University Law Journal 9, no. 2 (July 3, 2021): 143–86. http://dx.doi.org/10.1080/20517483.2021.2020497.

Full text

APA, Harvard, Vancouver, ISO, and other styles

49

Hughes, Kirsty. "A Behavioural Understanding of Privacy and its Implications for Privacy Law." Modern Law Review 75, no. 5 (September 2012): 806–36. http://dx.doi.org/10.1111/j.1468-2230.2012.00925.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

50

Calo, Ryan. "Privacy Law’s Indeterminacy." Theoretical Inquiries in Law 20, no. 1 (March 16, 2019): 33–52. http://dx.doi.org/10.1515/til-2019-0001.

Full text

Abstract:

Abstract Fools rush in. ALEXANDER POPE, AN ESSAY ON CRITICISM (London, 1711). The full quotation is, “For Fools rush in where Angels fear to tread.” Id. at 66. She who hesitates is lost. Adaptation of the line, “The woman that deliberates is lost.” JOSEPH ADDISON, CATO: A TRAGEDY, AND SELECTED ESSAYS 30 (2004). See also OLIVER WENDALL HOLMES, SR., THE AUTOCRAT AT THE BREAKFAST TABLE 29 (1858) (“The woman who ‘calculates’ is lost.”). American legal realism numbers among the most important theoretical contributions of legal academia to date. Given the movement’s influence, as well as the common centrality of certain key figures, it is surprising that privacy scholarship in the United States has paid next to no attention to the movement. This inattention is unfortunate for several reasons, including that privacy law furnishes rich examples of the indeterminacy thesis — a key concept of American legal realism — and because the interdisciplinary efforts of privacy scholars to explore extra-legal influences on privacy law arguably further the plot of legal realism itself.

APA, Harvard, Vancouver, ISO, and other styles

Journal articles on the topic 'Law Privacy'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles