Remedies For Breach Of Privacy

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Remedies For Breach Of Privacy

Author : Jason NE Varuhas
ISBN : 9781509915620
Genre : Law
File Size : 36.67 MB
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Over the last 15 years, privacy actions have been recognised at common law or in equity across common law jurisdictions, and statutory privacy protections have proliferated. Apex courts are now being called upon to articulate the law governing remedies, including in high-profile litigation concerning phone hacking, covert filming and release of personal information. Yet despite the practical significance of the courts' approach to damages, injunctions and other remedies for breach of privacy, very little has been written on the topic. This book comprehensively analyses these developments from a comparative perspective and provides solutions to issues which are coming to light as higher courts forge this remedial jurisprudence and practitioners look for guidance. Significantly, the essays are important not only for what they say about remedies, but also for the attention they give to the nature of the new privacy actions, providing deep insights into substantive law. The book includes contributions by academics, practitioners and judges from Australia, Canada, England, New Zealand and the United States, who are expert in the legal disciplines implicated by privacy remedies, including torts, equity, public law and conflict of laws. By bringing together this range of perspectives, the book offers authoritative insights into this cutting-edge topic. It will be essential reading for all those seeking to understand and resolve the new issues associated with privacy remedies.
Category: Law

Global Survey On Internet Privacy And Freedom Of Expression

Author : Toby Mendel
ISBN : 9789231042416
Genre : Business & Economics
File Size : 36.94 MB
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"This publication seeks to identify the relationship between freedom of expression and Internet privacy, assessing where they support or compete with each other in different circumstances. The book maps out the issues in the current regulatory landscape of Internet privacy from the viewpoint of freedom of expression. It provides an overview of legal protection, self-regulatory guidelines, normative challenges, and case studies relating to the topic. With this publication UNESCO aims to provide its Member States and other stakeholders, national and international, with a useful reference tool containing up-to-date and sharp information on emerging issues relevant to both developed and developing countries. Multiple stakeholders, preferably in dialogue, can use it in their own spheres of operation, adapting where appropriate from the range of experiences as recorded in these pages. The publication also supplies additional sources of reference for interested readers to use to further investigate each of the subjects highlighted. The publication explores a range of issues, such as: (1) threats to privacy that have developed through the Internet, (2) international legal standards on privacy and responses to these emerging issues, (3) complex intersections between the rights to privacy and freedom of expression, (4) UNESCO recommendations to states and corporations for better practice, (5) overview of literature, background material and tools on international and national policy and practice on privacy and freedom of expression on the Internet. In the coming years, UNESCO will specifically seek to disseminate information about good practices and international collaboration concerning the points of intersection between freedom of expression and privacy. Research on safeguarding the principle of freedom of expression in Internet policy across a range of issues will continue to be part of UNESCO's normative mandate and technical advice to stakeholders."--Publisher's description
Category: Business & Economics

Privacy A Very Short Introduction

Author : Raymond Wacks
ISBN : 9780191038808
Genre : Political Science
File Size : 37.30 MB
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Some would argue that scarcely a day passes without a new assault on our privacy. In the wake of the whistle-blower Edward Snowden's revelations about the extent of surveillance conducted by the security services in the United States, Britain, and elsewhere, concerns about individual privacy have significantly increased. The Internet generates risks, unimagined even twenty years ago, to the security and integrity of information in all its forms. The manner in which information is collected, stored, exchanged, and used has changed forever; and with it, the character of the threats to individual privacy. The scale of accessible private data generated by the phenomenal growth of blogs, social media, and other contrivances of our information age pose disturbing threats to our privacy. And the hunger for gossip continues to fuel sensationalist media that frequently degrade the notion of a private domain to which we reasonably lay claim. In the new edition of this Very Short Introduction, Raymond Wacks looks at all aspects of privacy to include numerous recent changes, and considers how this fundamental value might be reconciled with competing interests such as security and freedom of expression. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Category: Political Science

Privacy And Media Freedom

Author : Raymond Wacks
ISBN : 9780191645891
Genre : Law
File Size : 54.67 MB
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Freedom of expression is a fundamental right at the heart of any democratic society. It is, however, inevitably restricted by other important values, including the right to privacy: the control individuals exercise over their sensitive personal information. The English law, since the enactment of the Human Rights Act 1998, has undergone a tectonic shift in its recognition of this right protected by Article 8 of the European Convention on Human Rights (ECHR) which the Act assimilated into domestic law. The new civil wrong, 'misuse of private information,' now affords greater protection to an individual's 'private and family life, home and correspondence.' The press is, of course, no longer the principal purveyor of news and information. The Internet offers abundant opportunities for the dissemination of news and opinions, including the publication of intimate, private facts. Social media, blogs, and other online sites are accessible to all. Indeed, the fragility of privacy online has led some to conclude that it is no longer capable of legal protection. This book examines the right of privacy from a legal, philosophical, and social perspective, tracing its genesis in the United States, through the development of the law of confidence, and its recent recognition by the Human Rights Act. The English courts have boldly sought to offer refuge from an increasingly intrusive media. Recent years have witnessed a deluge of civil suits by celebrities seeking to salvage what remains of their privacy. An extensive body of case law has appeared in many common law jurisdictions over the last decade, which shows no sign of abating. The Leveson Inquiry into the culture, practices, and ethics of the press, sparked by the hacking of telephones by newspapers, revealed a greater degree of media intrusion than was previously evident. Its conclusions and recommendations, particularly regarding the regulation of the media, are examined, as well as the various remedies available to victims of intrusion and unsolicited publicity. The law is locked in a struggle to reconcile privacy and free speech, in the face of relentless advances in technology. The manner in which courts in various jurisdictions have attempted to resolve this conflict is critically investigated, and the prospects for the protection of privacy are considered.
Category: Law

Elgar Encyclopedia Of Comparative Law

Author : J. M. Smits
ISBN : 9781847200204
Genre : Law
File Size : 81.54 MB
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This is a very important and immense book. . . Single-handedly, Smits has reviewed and checked this immense work to bring it to its final high standard in quality and accuracy and selection of laws. The Criminal Lawyer This is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as Elgar s. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library. Sally Ramage, The Criminal Lawyer The entries are written in a lucid and accessible style, with appropriate references being given for further research. All in all, a substantial work which will delight enthusiasts of comparative law. The Commonwealth Lawyer The breadth of topics plus the bibliographies allows a reader to use the Elgar Encyclopedia as an initial entry into a field of law, a specific topic, or a legal system. . . Any law library, business library, large public library, or academic library supporting the study of international law or international business will want to have [it] in its collection. . . This work is highly recommended. Ladyjane Hickey, American Reference Books Annual Comparative law is the comparison of law and legal systems from around the world. At one time it was a field of limited interest and academic participation. However, increasing globalization, whether of commerce or culture, makes it imperative that citizens learn more about the law of other countries. That is the premise of this comprehensive new research tool designed for general readers. Some 70 articles address topics as diverse as accident compensation, legal culture, the European Civil Code, and the law and legal systems of a selected set of nations. . . This single-volume work provides an excellent comprehensive overview of the current state of affairs in comparative law. Highly recommended. Lower-level undergraduates and above; general readers. J.E. Stephens, Choice The timely publication of this encyclopedia reflects what is happening [in international law] and, in a field where works (even student textbooks) are often expensive, it comes at an attractive price. Stuart Hannabuss, Reference Reviews The Elgar Encyclopedia of Comparative Law looks set to become an indispensable source for the ever increasing body of lawyers needing accurate information on the structure and working of foreign systems as well as on points of a substantive law. Edited by Professor Jan Smits of Maastricht University the Encyclopedia is the work of an extremely strong international team of noted specialists. Comprising articles on the nature, methodology and focus of comparative law, on the legal systems of particular jurisdictions and on matters of substantive law, the work should be a very significant contribution to the literature. It seems likely that the contributions on the comparative state of affairs in particular fields of substantive law will be an especially valuable aspect of the work. There will be 37 such articles from accident compensation to unjustified enrichment with mistake , personality rights , product liability and transfer of moveable property only a sample of what the work will offer. Casting over this list one is again struck by the wealth of established expertise brought together in the Encyclopedia. I have little doubt that I can speak for the worldwide community of comparative lawyers in saying that the Elgar Encyclopedia of Comparative Law is eagerly awaited. David L. Carey Miller, University of Aberdeen, UK Comparative law is moving swiftly from a long infancy to teenage maturity, and Jan Smits provides the essential tonic. In this outstanding work he has gathered together leading scholars, each his/her o
Category: Law

From The Universities To The Marketplace The Business Ethics Journey

Author : Marilynn Fleckenstein
ISBN : 9789400914759
Genre : Philosophy
File Size : 43.16 MB
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From the Universities to the Marketplace: The Business Ethics Journey arose from the awareness of the slow progression of academic theory into market practice. The contributions in this volume reflect a diversity of disciplines and approaches to research, study and teaching business ethics, such as philosophy, accounting, theology, marketing, management and finance. The contributors represent a wide variety of professional and geographical backgrounds, creating a fruitful discussion of a large number of issues related to implementation and measurement of business ethics, and feedback from all parties involved.
Category: Philosophy

Privacy Online

Author : OECD
ISBN : STANFORD:36105111352949
Genre : Business & Economics
File Size : 55.64 MB
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This publication explores a range of issues regarding OECD activities to promote effective privacy protection on global communications networks. It considers regulatory and self-regulatory approaches at national and international levels, including legal and technical mechanisms for enforcement and redress, and educational measures for promoting training and user awareness, which are relevant to the cultural and social context.
Category: Business & Economics

Developing Key Privacy Rights

Author : Madeleine Colvin
ISBN : 9781847314437
Genre : Law
File Size : 58.40 MB
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With the incorporation into domestic law of the European Convention on Human Rights,the UK courts will increasingly be called upon to strike the balance between the potentially conflicting rights of the right to privacy under Article 8 and the right to freedom of expression under Article 10. This book looks at the legal and constitutional development of both these rights and the relationship between them in several other countries: France, Germany, Canada, New Zealand and Australia and before the European Court of Human Rights. With a particular focus on cases concerning the media, it is an important source for all those interested in the development of these areas of law under the Human Rights Act. Contributors: Madeleine Colvin; Catherine Dupré; Rosalind English; David Lindsay; Marguerite Russell; Jemima Stratford; Rosemary Tobin
Category: Law

Privacy Injunctions And The Media

Author : Iain Goldrein
ISBN : 9781847319289
Genre : Law
File Size : 24.46 MB
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A string of high profile law suits has drawn attention to a rapidly developing and controversial branch of media law – the use of privacy injunctions to restrain publication of information relating to the private lives of individuals. The purpose of this book is to set out the law relating to privacy injunctions, and best practice in relation to seeking or opposing this form of relief. Such best practice is targeted not just at litigators. This book is aimed also at journalists who are the watchdogs of the freedoms of our society, and other organs of the media. The text is broken down into easily manageable sections, with numerous check-lists and quality control protocols. Applications in the Queen's Bench Division (including personal injury), Family Division (including the President's "Media guidance†? and "Reporting Restriction Orders†?) and "harassment†? are covered, together with a "journalists' check-list†?. The book reflects the agenda (included in the foreword to the book) set by Lord Neuberger's Report of 2011 ("Report of the Committee on Super-Injunctions†?).
Category: Law

International Libel And Privacy Handbook

Author : Charles J. Glasser, Jr.
ISBN : 0470885408
Genre : Business & Economics
File Size : 30.74 MB
Format : PDF
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Publishers, journalists, and authors can be sued for violating legal standards thousands of miles away from where they work. This book, written primarily for journalists and editors, but of use to their lawyers, explains risks publishers should understand prior to publication, steps to take to avoid legal conflicts, and available defenses in the event of a claim. This new second edition of International Libel and Privacy Handbook is an updated nation-by-nation summary of libel and privacy law written by local practitioners in an easy-to-use reference format covering Europe, Asia, the Middle East, and the Americas. Glasser's second edition includes new chapters on emerging media markets such as the Middle East and Malaysia, as well as thorough legal updates on all major media nations.
Category: Business & Economics

Privacy

Author : Australia. Law Reform Commission
ISBN : STANFORD:36105210906231
Genre : Privacy rights
File Size : 37.81 MB
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Category: Privacy rights

Privacy And The Press

Author : Joshua Rozenberg
ISBN : 0199250561
Genre : Law
File Size : 84.96 MB
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Do we need a law of privacy? Should judges be allowed to stop us reading about a footballer's adultery or enjoying pictures of a film star's wedding? This book explores how the law balances the right to privacy with the freedom of the press.
Category: Law

Landmark Cases In Equity

Author : Charles Mitchell
ISBN : 9781847319753
Genre : Law
File Size : 21.21 MB
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Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.
Category: Law

Equity And The Law Of Trusts In The Republic Of Ireland

Author : Ronan Keane
ISBN : 9781847667021
Genre : Law
File Size : 30.43 MB
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In the Republic of Ireland, there have been many developments in the law affecting trusts, such as the decision of the Supreme Court in Lynch v Burke on resulting trusts and in England the decision of the House of Lords in Stack v Dowden on â??common intention,â?? constructive trusts. These and similar developments are comprehensively considered and explained in this second edition. The book is fully updated to include all relevant case law and legislation.
Category: Law

Contemporary Law

Author : Canadian Association of Comparative Law
ISBN : UOM:35112200250639
Genre : Comparative law
File Size : 38.62 MB
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Category: Comparative law

Parliamentary Debates

Author : Great Britain. Parliament. House of Commons
ISBN : UCBK:C037872346
Genre : Great Britain
File Size : 69.49 MB
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Category: Great Britain

Privacy Compliance And Litigation In California

Author :
ISBN : STANFORD:36105064262392
Genre : Data protection
File Size : 63.47 MB
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"This book is designed to help California lawyers meet the challenges of representing clients in our new electronic age. The book sets out the state and federal privacy laws and regulations that govern a variety of activities, such as marketing to potential customers, providing financial services, and interviewing prospective employees. It analyzes what businesses must do to meet these privacy related legal obligations and what remedies are available to individuals or entities if they do not. The book outlines international law requirements and jurisdictional considerations that become increasingly important as international commerce and Internet use increase."--Preface, p. ix.
Category: Data protection

Law And The Mental Health System

Author : Ralph Reisner
ISBN : STANFORD:36105063892801
Genre : Law
File Size : 60.79 MB
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Noted authorities, professors Ralph Reisner and Christopher Slobogin, interpret the legal doctrine relating to the regulation of mental health professions. Their analysis is augmented by coverage of relevant empirical and clinical literature. The relationship between society and the mentally disabled is also explored.
Category: Law

The Right To Privacy In The Light Of Media Convergence

Author : Dieter Dörr
ISBN : 9783110276152
Genre : Social Science
File Size : 20.12 MB
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The rapid change of the culture of communication constantly poses new threats for the right to privacy. These do not only emanate from States, but also from private actors. The global network of digital information has turned the protection of privacy since a long time into an international challenge. In this arena, national legal systems and their underlying common values collide. This collection convenes contributions from European, Australian and US experts. They take on the challenge of providing an intercontinental analysis of the issue and answer the question how the right to privacy could be defended in future.
Category: Social Science