Data and Private Law
Produktdetaljer
Biografisk notat
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.
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.
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
Unrivalled scholarship examining the fundamental doctrines and principles of private law.
This monograph series brings together in one place two types of book: works which examine in-depth the fundamental doctrines and principles of private law, and works which engage with the theoretical underpinnings of private law. The series thus aims to contribute to ever-evolving debates about the nature of private law such as problems of classification and taxonomy, remedies, the relationship with public law and the boundaries of private law generally.
The series includes, but is not confined to, works on contract, tort, unjust enrichment, equity, property and the conflict of laws, welcoming work which intersects with other fields of study to enable a deeper understanding of private law theory and practice.
Produktdetaljer
Biografisk notat
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.