Data and Private Law -

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Résumé :
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.

Biographie:
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.

Sommaire:
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