Refining Privacy In Tort Law

Author : Patrick O'Callaghan
Publisher : Springer Science & Business Media
Page : 184 pages
File Size : 54,7 Mb
Release : 2012-09-14
Category : Law
ISBN : 9783642318832

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Refining Privacy in Tort Law by Patrick O'Callaghan Pdf

This book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.

Author : Patrick O'Callaghan
Publisher : Springer Science & Business Media
Page : 184 pages
File Size : 53,5 Mb
Release : 2012-09-14
Category : Law
ISBN : 9783642318849

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Refining Privacy in Tort Law by Patrick O'Callaghan Pdf

This book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.

Author : Ian B. Lawson,Public Interest Advocacy Centre (Canada)
Publisher : Unknown
Page : 504 pages
File Size : 48,5 Mb
Release : 1993
Category : Business & Economics
ISBN : STANFORD:36105061179169

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Privacy and Free Enterprise by Ian B. Lawson,Public Interest Advocacy Centre (Canada) Pdf

Author : Jenny Steele
Publisher : Oxford University Press
Page : 1038 pages
File Size : 54,5 Mb
Release : 2022-09-29
Category : Electronic
ISBN : 9780198853916

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Tort Law by Jenny Steele Pdf

Tort Law: Text, Cases, and Materials combines incisive author commentary with carefully selected extracts from primary and secondary materials. The author introduces the fundamental principles of the subject before moving on to discuss more challenging issues, thereby ensuring a full understanding of the subject and encouraging an appreciation of the more complex debates surrounding the law of tort. The book is designed to be a stand-alone text, providing students with a comprehensive source of relevant materials in one easy-to-use volume. Online resources This text is accompanied by online resources, including: - Bi-annual updates, keeping students up to date on the latest key developments in tort law - Self-test questions on key topics, with feedback, giving you the opportunity to test your learning - Web links to reliable and accurate resources, providing a starting point for further study

Author : Róisín Á Costello
Publisher : Bloomsbury Publishing
Page : 485 pages
File Size : 50,8 Mb
Release : 2023-08-10
Category : Law
ISBN : 9781526524553

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Privacy Law in Ireland by Róisín Á Costello Pdf

Provides an analysis of the origins, current sources, and character of privacy law in Ireland with a particular focus on how to navigate privacy claims and balance privacy with other interests before the Irish courts. It clarifies the relationship between private law protection of privacy rights in tort and statute, and constitutional conceptions of the right and compares how European Union and international law impacts on the privacy jurisprudence of the Irish courts. Part One: Addresses the sources of privacy rights in Ireland, with an account of how the right to privacy has been protected under the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, explaining the influence of the ECHR on privacy adjudication before the CJEU and outlining the trickle-down impact of the decisions of both courts on the secondary laws of the European Union, and national law in turn. Part Two: Considers the genres of privacy recognised by the Irish courts namely, personal, spatial and informational privacy. The chapters in this part consider the recent decisions in respect of data retention and privacy rights in Dwyer v Commissioner of Garda Síochána as well as the implications of the CJEU and Supreme Court decisions in the matter for criminal prosecutions relying on data retained under the now invalidated legislation. Part Two also considers the recent Supreme Court decision in DPP v Quinn which adds significantly to the jurisprudence of the Irish courts in respect of digital privacy under Article 40.5 of the Constitution, and has implications for the search of digital devices more broadly. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

Author : András Koltay,Paul Wragg
Publisher : Edward Elgar Publishing
Page : 480 pages
File Size : 40,9 Mb
Release : 2020-07-31
Category : Law
ISBN : 9781788970594

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Comparative Privacy and Defamation by András Koltay,Paul Wragg Pdf

Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today’s scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law.

Author : Ann E. Cudd,Mark C. Navin
Publisher : Springer
Page : 265 pages
File Size : 44,6 Mb
Release : 2018-04-03
Category : Law
ISBN : 9783319746395

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Core Concepts and Contemporary Issues in Privacy by Ann E. Cudd,Mark C. Navin Pdf

This book offers a comprehensive investigation of privacy in the modern world. It collects 16 papers that look at this essential topic from many facets, from the personal to the technological, from the philosophical to the legal. The contributors examine such issues as the value of privacy protection, the violation of spreading personal falsehoods, the digital rights of children, an individual's right to be forgotten from internet search engines, and more. The organization of the volume helps provide a nuanced understanding of this often controversial topic. Coverage starts with key concepts before moving on to explore personal information privacy and the impact of new technologies. Next, the papers consider privacy in different contexts. These include work, sex, family, crime, and religion. This structure enables greater engagement with the difficult questions about privacy. Readers will gain deep insight into the core concepts of privacy as well as its application to everyday life. This interdisciplinary volume brings together an international team of scholars. They provide a broad combination of expertise in law, philosophy, and political science. Overall, this thought-provoking examination will appeal to interested readers in both academia and practice.

Author : John Hartshorne
Publisher : Routledge
Page : 256 pages
File Size : 52,6 Mb
Release : 2015-12-15
Category : Electronic
ISBN : 0415733707

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Tort Law and the Protection of Privacy by John Hartshorne Pdf

Historically the law of tort has offered limited protection for personal privacy using a patchwork of established torts such as private nuisance and battery. Until recently no tort was recognised in English law which was exclusively concerned with protecting what could properly be described as a 'privacy interest.' However, since the enactment of the Human Rights Act 1998 which brought about the incorporation into domestic law of Article 8 of the European Convention on Human Rights (ECHR) this is a branch of the law of tort which has seen rapid development, with the judiciary developing a tort of 'misuse of private information' which is now capable of preventing and remedying violations of the 'informational' aspects of personal privacy. The possibility of introducing a statutory tort of privacy has been considered by a number of review bodies but so far no progress has been made in this area. This book analyses the extent to which the law of tort currently affords protection against invasions of personal privacy and the remedies that are available. The book considers tort law and privacy in other common law jurisdictions including the US, Australia and New Zealand where debates concerning the legal protection of personal privacy are also taking place. It then goes on to explore the potential for a common law tort to be developed which would be capable of offering broader protection for personal privacy and its prospects for statutory codification.

Author : Dr. Ruchi Ramesh,Dr. Bhumika Sharma,Ms. Priti Chaudhari
Publisher : OrangeBooks Publication
Page : 406 pages
File Size : 54,9 Mb
Release : 2023-12-31
Category : Education
ISBN : 8210379456XXX

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Privacy Matters by Dr. Ruchi Ramesh,Dr. Bhumika Sharma,Ms. Priti Chaudhari Pdf

This book includes a wide range of legal and non-legal disciplines and views regarding the right to privacy. It includes recommendations from the diverse perspectives of contributors to create a robust framework for privacy protection. The book includes chapters from international professionals, senior academicians, as well as research scholars, industry practitioners and students. The book traces the development of the right to privacy and attempts to highlight how the Indian legal framework is gradually moving towards a vigorous mechanism for the protection of personal data. It also covers how privacy laws at the global level are trying to keep pace with the rapid technological developments. The pertinent issues are dealt with comprehensively and with diverse level of policy suggestions.

Author : Ian Ward
Publisher : Walter de Gruyter GmbH & Co KG
Page : 342 pages
File Size : 48,9 Mb
Release : 2015-03-10
Category : Political Science
ISBN : 9783110368550

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Literature and Human Rights by Ian Ward Pdf

The idea of human rights is not new. But the importance of taking rights seriously has never been more urgent. The eighteen essays which comprise Literature and Human Rights are written as a contribution to this vital debate. Each moreover is written in the spirit of interdisciplinarity, reaching across the myriad constitutive disciplines of law, literature and the humanities in order to present an array of alternative perspectives on the nature and meaning of human rights in the modern world. The taking of human rights seriously, it will be suggested, depends just as much on taking seriously the idea of the human as it does the idea of rights.

Author : Enrique Opi Tufet
Publisher : Europa Edizioni
Page : 315 pages
File Size : 50,7 Mb
Release : 2020-05-31
Category : Fiction
ISBN : 9791220100342

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The Crossroads: Privacy, Disability and Employment by Enrique Opi Tufet Pdf

Privacy, dignity, equality, and non-discrimination are fundamental values upon which the European Union was founded. They are firmly embedded in the Treaties of the European Union, the Charter of Fundamental Rights of the European Union, and secondary legislation. Combatting discrimination in the labour market and protecting the rights of persons with disabilities are core obligations of the European Union. Not many are aware that more than 15 per cent of the total potential workforce of the European Union has some form of disability - of which over 50 per cent are unemployed. This is all the more reason for the EU to maintain its commitment to include these indivuduals in the labour force and to guarantee their fair treatment and protection of their particularly sensitive data. It is precisely in this light that The Crossroads: Privacy, Disability and Employment must be seen: a sort of driving manual for disability organizations. It will be important to collect, process and handle personal data and to embrace new technologies without compromising privacy in the process. This manual also provides the various stakeholders with relevant articles of the GDPR and other legislative texts to equip them with sufficient knowledge and useful tools to ensure and to successfully navigate the crossroads between privacy and employment for persons with disabilities. Enrique Opi Tufet is an “actibilist”, a term he coined some time ago to describe an activist on disability issues. He has an LL.M. in International Law from Vrije Universiteit Brussel and he is a certified Data Protection Officer (DPO) by Maastricht University. Currently, Enrique acts as a Regional Director of Inserta/Fundación ONCE in Spain, an employment and disability program funded by the European Social Fund. He himself has a visual disability and is therefore intimately familiar with the challenges persons with disabilities face. Before Inserta, Enrique was the Corporate Vice President and General Counsel of Epson Europe. Previously, he led the Brussels operations of two major worldwide public relations agencies. He has written a number of articles and contributions addressing environmental policy, sustainability and communications. Enrique lives in Barcelona with his wife and son.

Author : Wang Liming,Shi Jiayou
Publisher : Taylor & Francis
Page : 177 pages
File Size : 40,7 Mb
Release : 2022-07-29
Category : Law
ISBN : 9781000607840

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Chinese Law of Personality Rights I by Wang Liming,Shi Jiayou Pdf

This volume is a collection of up-to-date, authoritative essays on China’s Law of Personality Rights, its impact in practice and its legal background. The Law of Personality Rights was enacted in China in May 2020, the first time that the Law has been legislated as an independent part of the Civil Code of the People's Republic of China, marking an unprecedented step in protecting the personality rights of citizens. As the first volume of a two-volume set that elucidates the theory, practice and codification experience of the Law in China, the book examines the basis for the Law as a standalone part of the Civil Code, its overall framework and the delimitation and formation of the Law. In terms of practical aspects, the contributors delve into institutional arrangements, the relationship between human rights and personality rights, and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law and the legal protection of personality rights.

Author : James Goudkamp,Mark Lunney,Leighton McDonald
Publisher : Bloomsbury Publishing
Page : 392 pages
File Size : 48,8 Mb
Release : 2022-01-27
Category : Law
ISBN : 9781509940745

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Taking Law Seriously by James Goudkamp,Mark Lunney,Leighton McDonald Pdf

This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.

Author : Peter Coe,Paul Wragg
Publisher : Unknown
Page : 320 pages
File Size : 45,5 Mb
Release : 2022
Category : Privacy, Right of
ISBN : 1509940790

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Landmark Cases in Privacy Law by Peter Coe,Paul Wragg Pdf

"This new addition to Hart's acclaimed Landmark Cases series is a diverse and engaging edited collection bringing together eminent commentators from the United Kingdom, the United States, Australia, Canada, and New Zealand, to analyse cases of enduring significance to privacy law. The book tackles the conceptual nature of privacy in its various guises, from data protection, to misuse of private information, and intrusion into seclusion. It explores the practical issues arising from questions about the threshold of actionability, the function of remedies, and the nature of damages. The cases selected are predominantly English but include cases from the United States (because of the formative influence of United States' privacy jurisprudence on the development of privacy law), cases from Australia, Canada, India, the Court of Justice of the European Union, and the European Court of Human Rights. Each chapter considers the reception and application (and, in some instances, rejection) outside of the jurisdiction where the case was decided."--

Author : Jason Varuhas,Nicole Moreham
Publisher : Unknown
Page : 456 pages
File Size : 45,5 Mb
Release : 2018
Category : LAW
ISBN : 150991563X

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Remedies for Breach of Privacy by Jason Varuhas,Nicole Moreham Pdf