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English
Hart Publishing
26 February 2026
This innovative work offers a new perspective on the established tort of misuse of private information, contending that English law has evolved a sophisticated mechanism for the protection of privacy and the protection of the economic value in private information.

Although information generally is not property, private information now appears to be treated by English law as a form of property, giving the owner of the information rights of exclusion, exploitation and transfer.

Balancing philosophical discussion of the fundamentals with a detailed analysis of the practical difficulties of ""propertising"" information, the books suggests that English law has evolved a powerful tool for the protection of privacy in this data-driven world.
By:  
Imprint:   Hart Publishing
Country of Publication:   United Kingdom
Dimensions:   Height: 236mm,  Width: 158mm,  Spine: 32mm
Weight:   880g
ISBN:   9781509987382
ISBN 10:   150998738X
Pages:   496
Publication Date:  
Audience:   Professional and scholarly ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
I. INTRODUCTION II. THE NEW CAUSE OF ACTION OF MISUSE OF PRIVATE INFORMATION III. THE NATURE OF INFORMATION IV. UNDERPINNINGS AND RATIONALE V. ECONOMIC JUSTIFICATION FOR A PROPRIETARY REGIME VI. PRIVATE INFORMATION VII. MISUSE: NON-STATE ACTORS VIII. MISUSE: STATE ACTORS IX. UNDERTAKINGS, MASS DATA COLLECTION AND THE PROTECTION OF PRIVACY X. BRINGING THE CLAIM XI. EXPLOITATION OF PRIVATE INFORMATION XII. PRIVACY AND INFORMATION IN THE NEW WORLD

Sir Marcus Smith was called to the Bar in 1991 and took silk in 2010. He had a broad commercial and Chancery practice. He was appointed chair of the Competition Appeal Tribunal in 2009 and was chair of the Appeals Committee of the Human Fertilisation and Embryology Authority between 2015 and 2017. He became a High Court Judge in January 2017. Between 2019 and 2021, Marcus was Business and Property Courts Supervising Judge for the Midlands, Western and Wales. He relinquished that role on his appointment, in November 2021, as President of the Competition Appeal Tribunal. His term as President expired in November 2024.

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