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E-raamat: Class Actions in Privacy Law [Taylor & Francis e-raamat]

  • Formaat: 130 pages
  • Ilmumisaeg: 27-Oct-2020
  • Kirjastus: Routledge
  • ISBN-13: 9781003080510
  • Taylor & Francis e-raamat
  • Hind: 63,69 €*
  • * hind, mis tagab piiramatu üheaegsete kasutajate arvuga ligipääsu piiramatuks ajaks
  • Tavahind: 90,99 €
  • Säästad 30%
  • Formaat: 130 pages
  • Ilmumisaeg: 27-Oct-2020
  • Kirjastus: Routledge
  • ISBN-13: 9781003080510
"Class actions in privacy law are rapidly growing as a legal vehicle for citizens around the world to hold corporations liable for privacy breaches. Current and future developments in these privacy class actions therefore stand to shift the corporate liability landscape for companies that interact with people's personal information. Privacy class actions are at the intersection of civil litigation and data protection. The outcomes of ongoing and future litigation are integral to the evolution of privacy law and data protection law across jurisdictions. Moreover, developments in privacy class actions are raising numerous issues of substantive law as well as challenges to the established procedures governing class action litigation. This book brings together established scholars in privacy law, data protection law, and collective litigation to offer a detailed perspective on the present and future of collective litigation for privacy claims. Taking a comparative approach, this book incorporates considerations from consumer protection law, procedural law, cross-border litigation, tort law, and data protection law, which are key to understanding the development of privacy class actions. In doing so, it offers an analysis of the novel challenges they pose forcourts, regulatory agencies, and litigators, together with their potential solutions"--

Class actions in privacy law are rapidly growing as a legal vehicle for citizens around the world to hold corporations liable for privacy violations. Current and future developments in these class actions stand to shift the corporate liability landscape for companies that interact with people’s personal information.

Privacy class actions are at the intersection of civil litigation, privacy law, and data protection. Developments in privacy class actions raise complex issues of substantive law as well as challenges to the established procedures governing class action litigation. Their outcomes are integral to the evolution of privacy law and data protection law across jurisdictions. This book brings together established scholars in privacy law, data protection law, and collective litigation to offer a detailed perspective on the present and future of collective litigation for privacy claims.

Taking a comparative approach, this book incorporates considerations from consumer protection law, procedural law, cross-border litigation, tort law, and data protection law, which are key to understanding the development of privacy class actions. In doing so, it offers an analysis of the novel challenges they pose for courts, regulatory agencies, scholars, and litigators, together with their potential solutions.

List of contributors
viii
Acknowledgements ix
1 Introduction to privacy class actions
1(12)
Ignacio N. Cofone
1 Introduction
1(1)
2 The importance of class actions for people's privacy
2(2)
3 Privacy's fit in class action claims
4(2)
4 Legal pathways for privacy class actions
6(3)
5 This book: common themes
9(1)
6 Roadmap
10(3)
2 Privacy class actions' unfulfilled promise
13(17)
John J.A. Lenz
1 Introduction
13(1)
2 Overview of class actions law
14(4)
a What is a class action?
14(1)
b Class actions legislation
15(2)
c The three advantages of class actions
17(1)
3 Privacy class actions: marriage or mismatch?
18(5)
a Expected application of class actions to privacy claims
18(2)
b Practical application of class actions to privacy claims
20(3)
c Concluding thoughts on this section
23(1)
4 Towards more widespread use of privacy class actions
23(6)
a Cause of action: damages may not be "compensable"
24(1)
b Commonality: privacy's inherent individuality?
25(2)
c Representation: business incentives of plaintiff-side class actions lawyers
27(1)
d (Re) definition: more widespread accessibility of the privacy class action
28(1)
5 Conclusion
29(1)
3 Uncertainties and Lessons Learned from Data Protection Laws
30(26)
Eloise Gratton
Lauren Phizicky
1 Introduction
30(3)
2 Privacy wrongdoing
33(10)
a Data security incidents
35(4)
b Intrusive business model
39(4)
3 Damages
43(10)
a Subjective harm
43(4)
b Objective harm
47(6)
4 Conclusion
53(3)
4 Douez v Facebook and privacy class actions
56(25)
Janet Walker
1 Introduction
56(1)
2 Sponsored stories: "there oughta be a law ..."
57(3)
a Facebook goes to Ottawa
57(1)
b Two missed opportunities
58(2)
3 Consumer contracts are different
60(4)
a A law without grammar
60(2)
b Safeguarding consumers' rights, promoting certainty for businesses
62(2)
4 Privacy class actions: changing times
64(3)
a Inequality of bargaining power and class actions
64(2)
b Privacy class actions in the digital era
66(1)
5 Quasi-constitutional rights and mandatory law
67(6)
a The real culprit revealed: PIPA
68(2)
b Mandatory rules vs. public policy
70(2)
c Mandatory rules and questions of procedure
72(1)
6 The limits of comity
73(5)
a Parallel proceedings with different equities and policy concerns
73(2)
b Claiming BC privacy rights in California
75(3)
7 Morguard in a post-territorial world
78(3)
5 Why class action suits for security breaches need to look beyond privacy concerns
81(18)
Nicolas Vermeys
1 Introduction
81(2)
2 Security breaches as a legal construct
83(7)
a What is information security?
83(3)
b The limits of security breach notification legislation
86(4)
3 Security breaches as a premise for class action suits
90(8)
a The problem with class action suits for security breaches
90(6)
b How to rethink security breach liability
96(2)
4 Conclusion
98(1)
6 Cy pres settlements in privacy class actions
99(14)
Thomas E. Kadri
Ignacio N. Cofone
1 Introduction
99(2)
2 Cy pres in Frank v. Gaos
101(4)
3 The particular usefulness of cy pres for privacy class actions
105(2)
4 The challenges of implementing cy pres
107(2)
5 Implementing cy pres in a bijural Canada
109(3)
6 Conclusion
112(1)
Bibliography 113(14)
Index 127
Ignacio N. Cofone is an assistant professor and Norton Rose Fulbright Faculty Scholar at McGill University Faculty of Law.