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Chapter

Cover Information Technology Law

1. The death of privacy and the growth of surveillance  

The topic of privacy has many aspects. In some instances, especially where well-known figures are involved, it relates to the legal ability to stop the bringing of information about their private lives into a more public arena. For most people, it involves the ability to go about everyday life without having details of movements and actions recorded and analysed to form the basis for further actions relating to them. In some cases, this may appear relatively harmless. Most people are familiar with the notion of web advertising targeted by reference to a user’s browsing history but there have been more potentially threatening applications ranging from the use of automated facial recognition systems to monitor activity in public spaces to the oft cited use of Facebook data for political purposes as seen in the 2016 US Presidential election. More and more actions are recorded, processed and used as the basis for action that affects the individual concerned. Whether this is a force for good or ill is something that can be debated. What is clear is that informational surveillance will impact very significantly upon debates as to the nature of the societies that we wish to live in.

Book

Cover Street on Torts

Christian Witting

Street on Torts provides a wide-ranging overview, and a clear and accurate explanation of tort law. The book consists of nine parts. Part I provides an introduction to the subject, including examination of protected interests in tort and the history of this branch of law beginning with the ancient trespass torts. Part II looks at negligent infringements of the person, property and financial interests, as well as examining the liability in negligence of public authorities. Part III looks at intentional invasions of interests in the person and property. Part IV looks at misrepresentation-based and general economic torts. Part V is about torts of strict or stricter liability (that is, where fault plays either no part or a lesser part in liability decisions) and includes consideration of nuisance and product liability. Part VI considers interests in reputation (ie defamation). Part VII is about actions in privacy. Part VIII looks at the misuse of process and public powers. The final part, Part IX, is about vicarious liability, parties, and remedies.

Chapter

Cover Information Technology Law

6. Social networking and antisocial conduct  

This chapter examines antisocial conduct in social media platforms (SMPs) such as Facebook and Twitter, and how it has spawned cases of defamation, blasphemy, and incitement to violence. It first considers how social networking breeds gossip and speculation leading to invasion of privacy, citing the Ryan Giggs case in 2011 and its legal implications of postings on SMPs and comparing this with the later approach of the Supreme Court in the PJS case. The chapter looks at use of SMPs to make criminal threats and organize criminal activity, focusing on the Paul Chambers case and subsequent cases including R (Miller) v College of Policing. It then analyses cyberbullying, trolling, and harassment on SMPs and concludes by looking at plans to amend the communications offences.

Book

Cover Casebook on Tort Law

Kirsty Horsey and Erika Rackley

Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

11. Medical Confidentiality and Data Protection  

A. M. Farrell and E. S. Dove

This chapter covers two legal regimes in the biomedical context that are of increasing importance and complexity: the common law duty of confidentiality and data protection law. Both regimes have experienced significant development in the past generation. As part of this exploration, brief consideration will also be given to a third related and emerging legal regime, namely the tort of ‘misuse of private information’. The central focus of the chapter is the interplay between UK data protection law, the duty of confidentiality, and wider frameworks in Europe and at the international level. A range of sources are considered, including case law, primary, and secondary legislation such as the Health Service (Control of Patient Information) Regulations 2002, UK General Data Protection Regulation, and Data Protection Act 2018; guidance from entities such as the General Medical Council; and academic literature. The chapter illustrates that following both Brexit and the Covid-19 pandemic, medical confidentiality and data protection law are undergoing a state of reform that may have significant implications for patient privacy and trust in the healthcare system.

Chapter

Cover Information Technology Law

24. The international trade in personal data  

This chapter examines how data flows are managed by the General Data Protection Regulation. Strict rules of equivalency manage transfers for non-EEA states and recent challenges to agreed data equivalency rulings, in particular, in the case of Maximillian Schrems v Data Protection Commissioner decision have proven challenging for regulators. This chapter will examine these challenges and what GDPR says is permissible and what is not in relation to transfers to third countries. In addition to the Schrems decision, the chapter also examines the more recent Digital Rights Ireland Ltd v European Commission and Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems cases.

Chapter

Cover International Human Rights Law

15. Sexual Orientation and Gender Identity  

Michael O’Flaherty

This chapter examines the human rights protections afforded to sexual and gender minorities. It shows that the jurisprudence focuses on issues of non-discrimination and privacy, and that important human rights protections can also be derived from the range of other civil, political, economic, social, and cultural human rights of general application. The chapter examines a recent exercise in the clarification of the application of human rights law concerning issues of sexual orientation, gender identity, and sex characteristics: the Yogyakarta Principles.

Chapter

Cover Intellectual Property Law

10. Privacy, Personality, and Publicity  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the protection of privacy, personality, and publicity interests. It considers: the law of privacy and the extent to which individuals can control the use or disclosure of their personal and private information; character and personality merchandising and the ways in which the law of registered and unregistered trade marks protects these interests; and the controversial question of whether individuals can and should be able to prevent the commercial exploitation of their personality and image through a separate publicity right.

Chapter

Cover Information Technology Law

24. The international trade in personal data  

This chapter examines how data flows are managed by GDPR and UK GDPR. Strict rules of adequacy manage transfers between EEA and non-EEA states (including the UK) and recent challenges to agreed data equivalency rulings, in particular in the case of Maximillian Schrems v Data Protection Commissioner decision have proven challenging for regulators. This chapter will examine these challenges and what GDPR and UK GDPR says is permissible and what is not in relation to transfers to third countries. In addition, to the Schrems I decision the chapter also examines the more recent Digital Rights Ireland Ltd v European Commission and Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (Schrems II) challenges to both adequacy rulings and standard contractual clauses. The chapter also examines the current state of UK adequacy and what challenges it might face.

Chapter

Cover Casebook on Tort Law

14. Invasion of privacy  

This chapter discusses different aspects of privacy. It shows that there is no general common law right to protection from invasion of privacy (the so-called ‘right to be let alone’), but that limitation has been largely subverted by the new law in the second section on the protection of personal information and the reasonable expectation of privacy that has developed significantly in recent years. This shows the potential power of the Human Rights Act 1998 and the European Convention on Human Rights, and is the subject of considerable controversy, especially in relation to the protection of celebrity privacy. The final section considers remedies in privacy cases.

Chapter

Cover Intellectual Property Law

47. Misuse of Private Information  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter examines the tort of misuse of private information. It begins by considering the sort of information that can be considered private. It then moves on to examining the test for whether there is a reasonable expectation of privacy over such information. The chapter looks at the ‘ultimate balancing test’ that is the balancing of rights under Articles 8 and 10 of the European Convention of Human Rights and concludes by touching on reform.

Chapter

Cover Medical Law

9. Genetic Information  

This chapter examines the regulation of access to genetic information. It first discusses third parties’ interests in genetic test results, and the extent to which genetic privacy is protected by the law. It considers whether genetic discrimination should be treated in the same way as other types of discrimination and discusses developments in the field of genetics, including direct-to-consumer genetic testing and pharmacogenetics.

Book

Cover Tort Law
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Tort Law: Text, Cases, and Materials combines incisive commentary with carefully selected extracts from primary and secondary materials to provide a balance of support and encouragement. This volume starts by introducing the fundamental principles of the subject before moving on to discuss more challenging issues, hoping to encourage a full understanding of the subject and an appreciation of the more complex debates surrounding the law of tort. The text starts by providing an overview. Various torts are then arranged along a spectrum from intentional torts, through negligence, to stricter liabilities. Also considered are issues relating to damages, compensation, limitation, and vicarious liability. After introducing intentional torts, the book looks at the tort of negligence. Chapters also cover nuisance and duties relating to land and defamation and privacy. Finally, stricter liabilities are examined such as product liability.

Chapter

Cover The Changing Constitution

13. Information: Public Access, Protecting Privacy and Surveillance  

Patrick Birkinshaw

The Freedom of Information Act is a statute of great constitutional significance. The Act heralded a right to publicly held information which government had attempted to keep private. FOIA laws have their origins in the pre-digital age and any discussion of information rights must take on board the contemporary reality of the global digitization of communications via social media networks and the enhanced capabilities of state intelligence agencies to conduct surveillance over electronic communications. The General Data Protection Regulation seeks to give greater security to personal data. However, private information is harvested by private tech companies which they have obtained often ‘voluntarily’ and used by intermediaries to influence public events, public power and elections—as illustrated by recent scandals involving the practice of ‘data farming’ by social media networks and the sale of personal data to political campaign consultants seeking to pinpoint electors and thereby affect the outcomes of national elections and referenda. Government surveillance is age-old, but the emergence of digital power has enabled public authority to invade our private lives far more intrusively and effectively. The most recent example is the Investigatory Powers Act 2016. All this poses substantial challenges for the public regulation of information access in a growing confusion of public and private in the constitution. Courts, meanwhile, have to balance demands for privacy protection, open justice and secrecy.

Chapter

Cover Holyoak and Torremans Intellectual Property Law

14. Moral rights  

This chapter explains the moral rights of the author in a copyright context. Moral rights emphasize the strong link between the work and its author. That link prevails regardless of the how the commercial exploitation of the work takes place. There are two core moral rights. First, there is the right to be identified, or the paternity right. This applies traditionally to literary, dramatic, musical, or artistic works, but it has been expanded to include films and performances. Second, there is the right of integrity, or the right to object to derogatory treatment of the work. This protects the reputation of the author, which again also has its value for users of the work. The discussion also includes the right against false attribution of the work; the right to privacy in relation to commissioned photographs; and consent and waiver.

Book

Cover Intellectual Property Concentrate
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Intellectual Property Concentrate is the essential study and revision guide for intellectual property law students. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. After an introduction to intellectual property and common themes, the book covers: copyright; computer programs and databases; moral rights; performers’ rights; trade secrets and confidential information; patents; designs; and passing-off and trade marks. Written by experts and covering all the key topics so you can approach your exams with confidence, the book is: clear, concise, and easy to use, helping you get the most out of your revision; full of learning features and tips to show you how best to impress your examiner; and accompanied by online resources including multiple-choice questions and interactive flashcards to test your understanding of topics. Its ‘Exam essentials’ feature prepares you for your intellectual property law exam by giving help and guidance on how to approach questions, structure answers, and avoid common pitfalls.

Chapter

Cover Information Technology Law

22. Data protection: the legal framework  

This chapter examines data protection, digitization of data, its implications for personal privacy, and the regulation of data industries. It begins by discussing the current law found in the General Data Protection Regulation and the Data Protection Act 2018. It examines the key concepts of data controllers, data processors, and data subjects, and discusses the conditions for the processing of personal data. This includes an examination of key cases such as Nowak v Data Protection Commissioner and Bodil Lindqvist. It looks at the geographical scope of the GDPR and the extraterritorial effect of the Regulation, and examines the domestic purposes exemption after Ryneš.

Chapter

Cover Information Technology Law

6. Social networking and antisocial conduct  

This chapter examines antisocial conduct in social media platforms (SMPs), such as Facebook and Twitter, and how it has spawned cases of defamation, blasphemy, and incitement to violence. It first considers how social networking breeds gossip and speculation leading to invasion of privacy, citing the Ryan Giggs case in 2011 and its legal implications of postings on SMPs. After discussing the Neuberger report and the joint committee on privacy and injunctions, the chapter looks at use of SMPs to make criminal threats and organize criminal activity, focusing on the Paul Chambers case and the Facebook riot cases in England. It then analyses cyberbullying, trolling, and harassment on SMPs, concluding with an assessment of the controversial movie that appeared on YouTube entitled ‘Innocence of Muslims’.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

7. Genetic Information and the Law  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses the nature of genetic disease and the role of the genetic counsellor in handling personal and familial genetic information; legal and ethical responses to the ‘familial’ nature of genetics; individual and family interests in genetic information; other parties’ interests in genetic information; state interest in genetic information; gene therapy; and cloning.

Chapter

Cover Information Technology Law

7. Sectoral aspects of data protection  

This chapter considers the application of data protection principles within the media and electronic communications sectors. In both areas, the operation of data protection principles has been contentious. Data protection issues are principally concerned with the application of what might be regarded as ‘traditional’ data protection principles in the context of activities where different priorities might legitimately be identified. In some respects, media processing might be compared with law enforcement agencies. Digging out the truth about the unsavoury activities of powerful elements in society might well require the use of tactics and techniques that would be regarded as unfair in more general contexts.