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.
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Explores the role of private law in interpreting and influencing data rights.
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-Managements 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 ODell
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
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.
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