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Reforming the Remedy: Getting the Right Remedial Structure to Protect Personal Privacy
2012
Deakin Law Review
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In posing and answering that question, it is argued that a wide range of remedies for intrusions of personal privacy should be available to the courts. ...
In the midst of this ongoing debate, a simple question has often been overlooked: what remedies should be available to a person whose privacy been breached? ...
Instead, privacy has been given de facto protection through the breach of confidence doctrine. 18 Breach of confidence was described by Megarry J in Coco v A N Clark Engineers Limited to require information ...
doi:10.21153/dlr2012vol17no1art71
fatcat:atrzb7lbqngkheb44b4xoghc5i
Differential Privacy: An Estimation Theory-Based Method for Choosing Epsilon
[article]
2015
arXiv
pre-print
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is protected). ...
Differential privacy is achieved by the introduction of Laplacian noise in the response to a query, establishing a precise trade-off between the level of differential privacy and the accuracy of the database ...
Since it is the analyst's duty to compensate the individual for the data, the right value for is the result of a balance between the wish for accuracy and the budget available to compensate the individual ...
arXiv:1510.00917v1
fatcat:oymtxjh5zbdx5bn2ef2jwkmenu
Practitioners' Corner ∙ An Economic Analysis of Appropriateness under Article 32 GDPR
2021
European Data Protection Law Review
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Limitations Implementation costs are deterministic, which means we are confident about individual estimates like the cost of a data protection officer. ...
This confidence is shared by the participants as all, but one stated they were at least relatively sure about the costs. ...
doi:10.21552/edpl/2021/3/15
fatcat:hxstkxoj5zdwtkkljxiet535xu
Quantifying the costs and benefits of privacy-preserving health data publishing
2014
Journal of Biomedical Informatics
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In the business environment, companies intend to make profit from maximizing information utility of published data while having an obligation to protect individual privacy. ...
We show that our approach can identify the optimal value for different privacy models, including K-anonymity, LKC-privacy, and -differential privacy, under various anonymization algorithms and privacy ...
Compensation cost caused by the weakness of the privacy protection method. 10. Risk of privacy breach. 11. Potential damage cost due to data privacy breach. ...
doi:10.1016/j.jbi.2014.04.012
pmid:24768775
fatcat:pgy5cxnut5dwvfpanreswyp3ru
Beyts v Trump International Golf Club Scotland Ltd : Caught Short on Data Protection and Privacy
2017
Edinburgh Law Review
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born out of breach of confidence and Article 8 ECHR's requirement to protect private life, and christened in Campbell v MGN as misuse of private information. 17 Yet there has so far been no opportunity ...
As noted above there is persuasive authority for acknowledging privacy of the person as deserving of protection. ...
doi:10.3366/elr.2017.0437
fatcat:hrs4k2mxnvhytd33jvwgksu564
The Battle for Rights – Getting Data Protection Cases to Court
2017
Oslo Law Review
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This article compares the legal protection of privacy and personal data principally in common law jurisdictions. ...
It points out that the growth of privacy law in these jurisdictions has traditionally centred on the ability of individuals to bring claims to court, with claims largely dealt with as a matter of common ...
The authors also note a number of other statutory provisions of relevance to privacy protection, including s 121 Penal Code dealing with breaches of confidence. ...
doi:10.5617/oslaw2350
fatcat:yuom6um6snge5bpz6mrs6llo7m
Electronic Markets for Private Information: Economic and Security Considerations
2006
Proceedings of the 39th Annual Hawaii International Conference on System Sciences (HICSS'06)
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The first is to enable the use of private data in the answering of queries while simultaneously protecting the owners of the data from loss of privacy. ...
Compensation models like the one presented here could be used in a self-regulating market for private information. ...
The interaction between flexible quality, privacy protection, and compensation is studied via user demand for SUM queries on the subjects' private information. ...
doi:10.1109/hicss.2006.145
dblp:conf/hicss/LGNR06
fatcat:lfrly7fannd7pji4vg6hdawoeu
Misuse of Genetic Information: The Common Law and Professionals' Liability
2003
Social Science Research Network
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REV. 381 (2002) (arguing that breach of confidence is superior in protecting rights of privacy and protecting free speech). 77. A. v. B., [2003] Q.B. 195 (C.A. 2002). But cf. Theakston v. ...
Tying Down the Tort
Breach of Confidence The common-law tort of privacy will provide episodic protection against the misuse of genetic information. ...
doi:10.2139/ssrn.414102
fatcat:mpzyz2xsuzf3lmxnt7mjdkit4a
Gain-Based Relief for Invasion of Privacy
2013
Victoria University Law and Justice Journal
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A remedy invariably available for such a wrong is compensation for loss. However, the plaintiff may instead seek to claim the profit the defendant has made from the invasion. ...
In many common law jurisdictions, some or all instances of invasion of privacy constitute a privacy-specific wrong either at common law (including equity) or under statute. ...
Convention on Human Rights, implemented into UK domestic law by the Human Rights Act 1998, the courts have expanded the equitable 28 doctrine of breach of confidence to protect privacy. 29 In applying ...
doi:10.15209/vulj.v1i1.7
fatcat:a7degwmtyfbfrhvg2pewpox77e
Gain-Based Relief for Invasion of Privacy
2011
Social Science Research Network
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A remedy invariably available for such a wrong is compensation for loss. However, the plaintiff may instead seek to claim the profit the defendant has made from the invasion. ...
In many common law jurisdictions, some or all instances of invasion of privacy constitute a privacy-specific wrong either at common law (including equity) or under statute. ...
Convention on Human Rights, implemented into UK domestic law by the Human Rights Act 1998, the courts have expanded the equitable 28 doctrine of breach of confidence to protect privacy. 29 In applying ...
doi:10.2139/ssrn.2142288
fatcat:n5hee534x5eq5hbw7ilsie3m3u
Privacy risks when using mobile devices in health care
2016
CMAJ - Canadian Medical Association Journal
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In addition to intrusion upon seclusion, health care providers storing patient data on mobile devices may risk civil liability for breaches of confidence and privacy. ...
Fail ing to protect the privacy of medical records can lead to disciplinary, regulatory and criminal pen alties. ...
doi:10.1503/cmaj.160026
pmid:27221271
pmcid:PMC5008929
fatcat:djalgyu56rgihdanngbad5uovi
Paparazzi v British media
2019
Pacific Journalism Review – Te Koakoa
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Inspite of the tragedy of Princess Diana and the public backlash against paparazzi, the British Government has refused to implement recommendations of statutory control in 'privacy'. ...
secrets from within organisations.' 32 Whenever aplaintiff takes out a court injunction to stop a publication on the grounds of confidence, it is simply a claim over a right to protect privacy or private ...
Although there are no specific laws protecting privacy, a number of laws may give limited protection. ...
doi:10.24135/pjr.v4i1.628
fatcat:nbkdg4bu2vexzijduxjh4vjesi
Protecting the Right to Privacy in China
2005
Law review
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This article suggests the Chinese government should establish systematic legal protection for personal privacy in China. ...
Depending on the impact of the breach of privacy, liability for civil or criminal punishment should attach. Besides these measures, a specific data protection law is also essential. ...
used to compensate for the lack of direct privacy protection in China. ...
doi:10.26686/vuwlr.v36i3.5610
fatcat:2rgt5st2rzbdzmvmamrelzmd5i
Protecting privacy in automated transaction systems: A legal and technological perspective in the European Union
2010
International review of law computers & technology
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Privacy rights have consequently become more vulnerable to attack. ...
and propose possible solutions to establish trust in privacy management. ...
privacy protection is to protect fundamental human rights. ...
doi:10.1080/13600861003748243
fatcat:e34uxt4vdrfovlwi46nstpcgdq
کیفیة التحقق من المتعاقد بالوسائل الإلکترونیة
2020
مجلة البحث العلمی فی الآداب
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, To order temporary measures to prevent the continuation of the violation of privacy, the right to protect privacy has been the main driver for the development of the idea of protecting personal data ...
In the context of talking about how to verify the identity of the contractors, we are exposed first to privacy via the Internet, then we deal with the mechanisms used to protect the privacy of people's ...
doi:10.21608/jssa.2020.121416
fatcat:skpgymq6njb4jgqakevki22dgq
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