Data and Private Law

Privacy and Data Protection

Data and Private Law

Edited by Dr. Damian Clifford · Kwan Ho Lau · Jeannie Marie Paterson
Hart Publishing December 2023

Specifications

ISBN-13
9781509966028
Publisher
Hart Publishing
Publication
December 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

Part I. Introduction

Part II. Data Rights and Private Law – Theoretical Insights
1. Data Governance and Private Law
2. The Moral Economy of Data
3. Data Rights and Relational Contract

Part III. Rights to Deal with Data
4. Data Rights, Governance and Contracts
5. Data Rights and Consumer Contacts
6. Data Rights, Property and Fairness
7. Private Law Rights for Consumer Data (Including Data Trusts)

Part IV. Rights Against Harmful Uses of Data
8. Vitiated Consent in Contracts for Data
9. Tort Based Protections for Informational Privacy
10. Data Rights and Negligence
11. Data Rights and Breach of Confidence

Part V. Remedies for Breaches of Data Rights
12. Direct Rights of Action Under Privacy and Data Protection Legislation
13. Damages and Redress for Data Right Breaches
14. Conclusion on Harms and Overarching Themes
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