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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

4. Supervisory agencies  

This chapter first describes the rationale for the establishment of supervisory agencies for data protection in EU States. This marks a significant divergence in approach from other countries such as the United States and continues to constitute a barrier to harmonisation in the data protection field. Specific attention is paid to the status and role of the United Kingdom’s Information Commissioner and the investigative and enforcement powers conferred on the Commissioner. The evolving nature of the requirements of registration of data controllers is considered as is the role of the Register of Data Controllers. Attention is given also to the appeal mechanisms established under the Act and to the role of the First Tier Tribunal.

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

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.

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

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.

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, post Brexit in the UK 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, the Facebook fan page case, and Bodil Lindqvist. It looks at the geographical scope of UK GDPR and the extra-territorial effect of the Regulation and examines the domestic purposes exemption after Ryneš. It examines questions of fairness and lawfulness of processing as discussed in Johnson v Medical Defence Union.

Book

Cover Information Technology Law
Information Technology Law provides a thorough account of information technology (IT) law. The volume looks at the subject in a wide context, examining the legal response to the latest IT-related developments within society, bringing the law to life and examining how legal issues in IT can affect everyone. This title considers issues in IT law on European and international scales, providing a realistic overview of how the law in this area operates globally and encouraging further thought and investigation about the current issues within IT law. The ninth edition covers major new legislation in this field, including the General Data Protection Regulation and Data Protection Act 2018 l and its impact and scope; especially in the light of recent high-profile security breaches; updated coverage of patent and copyright law including consideration of the role of standard essential patents and standardisation within the IT sector, and digital rights management; discussion of the Consumer Rights Act 2015 with regards to digital products and content; and consideration of new cases in all areas of the law.

Chapter

Cover Information Technology Law

6. Individual rights and remedies  

This chapter examines the rights that are specifically conferred upon data subjects and to the remedies which may be available in the event of any breach. The GDPR and the Data Protection Act 2018 provide for data subjects to be granted rights of access, the right to receive certain items of information, and rights either total or qualified to object to certain forms of processing of their personal data.

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.

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.

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 Concentrate Questions and Answers Public Law

9. Freedom of expression  

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter moves on from the previous one to examine the freedom of expression. Under common law, freedom of speech is guaranteed unless the speaker breaks the law, but this is now reinforced by the right of free expression under the European Convention on Human Rights. The questions here deal with issues such as obscenity law and contempt of court; the Official Secrets Act; freedom of information; data protection; breach of confidence; and whether there is a right of privacy in English law.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

10. Ethico-Legal Issues Affecting Children  

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

This chapter examines a range of ethico-legal issues as the impact on children. The focus is one consent of mature minors, and the limits therefore, and also on the range of rights and responsibilities relating to children concerning protection of the ir personal data. The chapter then discusses ethical and legal aspects of non-therapeutic research on children; therapeutic research on children; foetal research and experimentation; and embryos and embryonic stem cell research.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

6. Medical Confidentiality  

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

This chapter discusses ethical and legal aspects of medical confidentiality. It covers the relationship between confidentiality and data protection law; the possible exceptions to the confidentiality rule; confidentiality and the legal process; confidentiality for the purposes of medical research; patient access to medical records; remedies for breach of confidentiality; and confidentiality and death.

Chapter

Cover Constitutional Law, Administrative Law, and Human Rights

17. Human Rights I: Traditional Perspectives  

In contrast to the constitutional systems adopted by most western democratic nations, the United Kingdom’s form of governance has traditionally not accepted the principle that certain ‘human rights’ should enjoy a normative legal status that placed them beyond the reach of laws made through the ordinary legislative process. Such ‘civil liberties’ or ‘human rights’ as we possess exist in law at the sufferance of parliamentary majorities. Human rights protection has nonetheless been an important part of the courts’ constitutional role, both in terms of the interpretation of legislation and the development of the common law. The organising principle in respect of civil liberties in Britain is that individuals may engage in any activity not prohibited by statute or common law. In addition, neither other individuals nor government officials may interfere with an individual’s legal entitlements unless they can identify a statutory or common law justification for so doing. This chapter discusses the traditional approach taken by Parliament and the courts to several key areas of what we would now regard as human rights law; the regulation of public protest, the protection of personal privacy, and to certain aspects of freedom of expression

Chapter

Cover Concentrate Questions and Answers Tort Law

10. Defamation and Privacy  

Dr Karen Dyer and Dr Anil Balan

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. To answer questions on defamation, students need to understand the following: categories of defamation: libel and slander; what constitutes a defamatory statement: innuendo; defences to defamation: absolute privilege and qualified privilege; the Defamation Act 2013; and offer of amends, Defamation Act 1996 sections 2–4. To answer questions on privacy, students need to understand the following: the nature of privacy; the overlap between the torts of misuse of private information, and other causes of action; trespass; negligence; the Human Rights Act 1998; and the Protection from Harassment Act 1997.

Chapter

Cover Employment Law

22. Privacy and confidentiality  

This chapter discusses the law on privacy and confidentiality in the workplace. It looks at the four statutes which relate directly to issues of workplace confidentiality: the GDPR/Data Protection Act 2018, the Public Interest Disclosure Act 1998 (which deals with whistleblowing), the Regulation of Investigatory Powers Act 2000, and the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000. It also considers two other areas of law which are influences in this area: the law on job references and the law on restricting the activities of former employees. Also discussed is the impact of the Human Rights Act in this area.

Chapter

Cover Human Rights Law Directions

22. Applications: media law and privacy  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter deals with human rights and the media. It considers the widespread tension between, on the one hand, the importance in a democratic society of freedom of expression and, on the other, the rights of persons to protect their various interests, particularly when these involve matters of privacy and confidentiality. The importance of the media is fully recognised by the European Court of Human Rights, and Convention rights have had a significant impact, both directly and indirectly, on media law. However, the issue often involves balancing the clear commitment to media freedom derived from Article 10 with other rights such as those in Article 8.