Privacy Law
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Recent papers in Privacy Law
Despite years of heavy criticism, privacy self-management (i.e., the principle that people individually manage their privacy via notice and choice) remains the standard of privacy protection throughout the Western world. Building on... more
Internet Privacy and Myths Third Edition 2016
This paper discusses the rights an individual has to his or her image in the form of a comparative analysis between France & Jordan and how those rights have formulated over time and are protected
როდიდან დაიწყო პირადი სფეროს დაცვაზე მსჯელობა და როდის გაჩნდა პირადი ცხოვრების დაცვის იდეა? ესაა კითხვა, რომელზეც ერთმნიშვნელოვანი პასუხი არ არსებობს. ამ საკითხის გასარკვევად აუცილებელია სხვადასხვა ეპოქაში პირადი ცხოვრების დაცვის... more
Our bodies are increasingly subject to a technologized gaze. This article seeks to better understand the privacy implications of the new, body-focused mode of surveillance, by studying body scanners. The scanners, officially known as AIT... more
The Philippine Supreme Court dismissed the multiple counts of Libel filed by two (2) Judges against Judge Eliza B. Yu.
in. Nathalie Grandjean, Claire Lobet-Maris, Perrine Vanmeerbeek (eds.), Petits entretiens de la vie privée, PUN, 2016, p.81-96
Talaq-e-biddat has been a source of severe oppression and injustice for Muslim women. The practice results in the unilateral breakdown of a marriage at the whim of the husband. The judicial trend has evolved against the practice since the... more
Il trattamento dei cd. Big Data, per conformarsi al Regolamento europeo sulla protezione dei dati personali, richiede un'indagine preliminare volta a individuare quali siano le misure organizzative e tecniche idonee alla corretta... more
Ao analisar os comportamentos dos utilizadores através das mídias sociais, Hermida (2014) conclui que nestes ambientes observa-se claramente a natural predisposição humana para partilhar. Neste sentido, Rheingold (2012) discrimina cinco... more
Through his landmark exploration of obligation as the conceptual touchstone of what he describes as the “Jewish jurisprudence of the social order,” Robert Cover offered an alternate language for legal regimes grounded in a rhetoric of... more
There is general consensus amongst researchers that most South African companies are not yet ready to comply with the Protection of Personal Information Act No. 4 of 2013 (the POPI Act) as they lack the necessary skills, knowledge and... more
A court exercising equitable jurisdiction can deny specific relief if the order is likely to lack practical effect. This article examines the application of the doctrine of futility to injunctive relief. It will first consider the... more
This thesis paper maps the milestones of data privacy case law and the evolution of legal doctrines established in the opinions as well as the novel legal and constitutional challenges that large-scale data breaches in the digital age... more
Algorithms may seriously impair the right to privacy held by groups of individuals (and thus, more subtly, individuals themselves, but relationally). Indeed, a functional equivalence exists between the way personal data is gathered and... more
With Andreu Wilson, Daniel Becker, Victor Silveira, and Vinícius Alvarez We shouldn't have to make a choice between health and privacy. For this, we publish a collection of country reports on the legislative and regulatory measures taken... more
L’art. 82 del Regolamento generale sulla protezione dei dati personali tipizza, per la prima volta, una fattispecie di responsabilità civile di “vero e proprio” diritto privato europeo: e cioè un’unica regola continentale, self-executing,... more
When the American National Security Agency whistle-blower, Edward Snowden, passionately spoke of privacy, he called it the fountainhead of all other rights that should be protected, for it gives us the ability to share with the world... more
Module- Intellectual Property Breach of confidence- Final year project ‘Although the law of ‘old-fashioned breach of confidence’ has been well established for many years, and derives historically from equitable principles, these have... more
The General Data Protection Regulation (the GDPR) of the European Union (EU) emerges as a hot-button issue in contemporary global politics, policies, and business. Based on an omnibus legal substance, extensive extraterritorial scope and... more
Government intrusion into privacy in a social environment where "public is the new private"
Rapid growth in the use of drones potentially delivers significant economic benefits, but it has also given rise to considerable public concern about safety risks, infringement of privacy, and other unwelcome surveillance and observation.... more
Păstrarea secretului profesional este o obligație ce se regăsește în multe sisteme de drept, iar domeniul medical este unul dintre cele mai vechi în care a fost instituită această obligație. Societatea modernă, tehnologiile medicale de... more
Privacidad y protección de datos personales son dos derechos que surgen en respuesta a los nuevos desafíos planteados por el desarrollo de los medios de comunicación y los avances de la tecnología. Ambos tutelan nuestra libertad,... more
Sports administration in Nigeria is both a public and a private issue and as both levels of government are involved, a lot of records and personal information is involved. It is common knowledge that the advent of information... more
Few would deny that monitoring employees is a necessary part of doing business. The very act of paying someone for services would necessitate, in a competitive environment, that the product produced or time spent working be observed.... more
This report issued by the Law Reform Committee of the Singapore Academy of Law considers whether the existing legal protections from the disclosure and serious misuse of private information in Singapore are sufficient and effective. At... more
Financial technology also known as FinTech is experiencing a phenomenal growth across the globe. Consequently, given the numerous opportunities provided by the FinTech sector, Mauritius has been since the year 2016 been engaged in various... more
In this paper I will offer several arguments in support of the view that individuals have moral claims to control personal information. Coupled with rights to control access to one's body, capacities, and powers, or physical privacy... more
Anticipatory and advanced care planning has several aspects that could be relevant in the light of data protection rules. In this perspective, the essay describes the main characteristics of this tool, and it highlights the needs for... more
With the advent of new technologies, new means of surveillance and data collection have appeared on the radar. Drones are among the latest to be considered for domestic security purposes, both in the EU and the USA. After surveying some... more
The paper examines a recent ruling by the Court of Cassation concerning the legitimacy of the acquisition of a biobank, with regard to the processing of genetic data by the transferee company. The author outlines the essential features of... more
In the last decades, the Strasbourg Court’s political activism has been criticized by several legal scholar and intellectuals. Though the institution does not belong to the European Union, it would be misleading to think about it as an... more
This article looks at two interrelated issues that we will be confronting since the invention of “Google Glass”. First, the development of a particular technology that is inevitable and sometimes autonomous and, second, potential victims... more
In the United States, legal steps have been taken to protect personal privacy, which is viewed as an individual's fundamental right. Location privacy (i.e., protection of personal and location information), however, has not received equal... more
Privacy is a necessity for any human to keep one's individuality to one's own. Thus, the right to privacy is provided to people through different statutory rules, norms of society and understanding among human beings. Over... more
Privacy is a necessity for any human to keep one's individuality to one's own. Thus, the right to privacy is provided to people through different statutory rules, norms of society and understanding among human beings. Over time, 'the... more
I have argued elsewhere that individuals have moral privacy rights that limit the surveillance activities of governments. While not absolute, privacy rights shield individuals from the prying eyes and ears of neighbors, corporations, and... more
A United States law called FERPA is designed to protect students’ privacy rights. However, there are many gaping holes in the law, and it is relatively easy for any marketing company to slalom around the regulations. FERPA permits ease... more