This collection examines one of the fastest growing fields of regulation: data rights.
The book moves debates about data beyond data and privacy protecting statutes. In doing so, it asks what private law may have to say about these issues and explores how private law may influence the interpretation and the form of legislation dealing with data.
Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators.
The contributors are specialists in their respective fields of private law with long-standing expertise in the challenges to data privacy posed by emerging digital technologies.
Edited by:
Dr Damian Clifford,
Kwan Ho Lau,
Jeannie Marie Paterson
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
ISBN: 9781509966028
ISBN 10: 1509966021
Series: Hart Studies in Private Law
Pages: 304
Publication Date: 14 December 2023
Audience:
Professional and scholarly
,
Undergraduate
Format: Hardback
Publisher's Status: Active
Foreword Acknowledgements List of Contributors Table of Cases Table of Legislation PART I INTRODUCTION 1. Introduction to Data and Private Law Damian Clifford, Kwan Ho Lau and Jeannie Marie Paterson PART II DATA AND PRIVATE LAW – THEORETICAL INSIGHTS 2. Private Law, Technology and Governance Roger Brownsword 3. Data in a Relational Setting Sally Wheeler PART III RIGHTS TO DEAL WITH DATA 4. The Predilection for Contract in Governing Digital Networks: Micro-Management’s Face Off with Accountability Lee A Bygrave 5. Data Rights and Contract Law: Formation, Incorporation and Vitiating Factors Damian Clifford and Jeannie Marie Paterson 6. Data Rights and Consumer Contracts: The Case of Personal Genomic Services Shmuel I Becher and Andelka M Phillips 7. Private Law Rights Mechanisms for Consumer Data – Filling the Gaps Chris Reed 8. Access to Platform Data and the Right to Research under US Law Niva Elkin-Koren, Maayan Perel and Ohad Somech PART IV USES OF DATA – RIGHTS AND OBLIGATIONS 9. Tort-Based Protections for Data Privacy Jelena Gligorijevic 10. Closing Off the Warren of Negligence Claims for Data Breaches Eoin O’Dell 11. Trust, Confidence and Data Rights Megan Richardson 12. IP and Data, IP in Data, IP as Data Kimberlee Weatherall 13. Duties for Datasets Jerrold Soh Tsin Howe PART V REMEDIES FOR BREACHES OF DATA RIGHTS 14. Private Enforcement of Data Rights Through Direct Rights of Action: A Comparative Review Normann Witzleb 15. Data Rights Incursions: Two Hurdles in the Pursuit of Damages Kwan Ho Lau Index
Damian Clifford is Senior Lecturer at the Australian National University, College of Law, Australia. Kwan Ho Lau is Assistant Professor of Law at the Yong Pung How School of Law, Singapore Management University, Singapore. Jeannie Marie Paterson is Professor of Law at Melbourne Law School, Australia.
