Communications Law Volume 23 Number 1 2018 Pages 1-54
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Copyright material – 9780230301870 Contents Table of Cases vii Table of Legislation xv Editors and Contributors xix Preface by Mark Stephens xxiii Part I The Legal, Ethical and Editorial Landscape 1 Privacy: A Judicial Perspective 3 David Eady 2 The Rights of Journalism and the Needs of Audiences 35 Onora O’Neill 3 Why We Write: Three Magic Words – ‘The Public Interest’ 46 Alan Rusbridger Part II The Practitioner’s View – Protecting Free Expression and Curbing Abuses 4 The Ultimate Balancing Test 63 Pia Sarma 5 Privacy Protection – Luxury Goods or Essential Commodity? 78 Amber Melville-Brown 6 ‘People are so much more interesting than things’: Protecting Free Expression 104 Gavin Millar QC 7 ‘You say tomato …’: A Comparison of English and US Privacy Law Principles 128 Robert Balin and Yuli Takatsuki Part III Confronting Current and Future Challenges 8 Privacy and Free Expression: Competing or Complementary Rights? 151 Michael Harris and Kirsty Hughes 9 The Internet as a Lens: Concepts of Privacy in Online Spaces 167 Jeffrey Hermes Index 193 v Copyright material – 9780230301870 PART I The Legal, Ethical and Editorial Landscape Copyright material – 9780230301870 Copyright material – 9780230301870 1 Privacy: A Judicial Perspective David Eady Introduction: the wider context Towards the end of the 20th century, there developed in most of the ‘west- ern’ democracies a concern to protect personal privacy and, if possible, by means of enforceable legal remedies. There were a number of factors under- lying this general trend, some driven by technological developments in the handling and dissemination of information, others by more elusive social or moral considerations. -
'Sharenting': the Forgotten Children of the GDPR
PHRG Peace Human Rights Governance Volume 4, Issue 1, March 2020 ‘Sharenting’: The Forgotten Children of the GDPR Sheila Donovan Research Articles* DOI: 10.14658/pupj-phrg-2020-1-2 How to cite: Donovan, S. (2020) ‘“Sharenting”: The Forgotten Children of the GDPR’, Peace Human Rights Governance, 4(1), 35-59. Article first published online March 2020 *All research articles published in PHRG undergo a rigorous double-blind review process by at least two independent, anonymous expert reviewers VA ADO UP P PHRG 4(1), March 2020 ‘Sharenting’: The Forgotten Children of the GDPR Sheila Donovan* Abstract The exponential growth of the internet and social media use in the recent past followed by a widespread increase of the scale, scope and sharing of information has impacted greatly on the concept of privacy. This growth has been accompanied by innumerable duplication and storage in perpetuity of personal data. While debates surrounding the protection and safety of social network users, in particular minor users have emerged as a matter of concern, there has been minimal focus on the privacy of minors, in particular, those minors who are the subject of ‘sharenting’ which is defined as ‘the online posting of images and data of children’. The introduction of the General Data Protection Regulation 2016 was designed to give more robust protection and rights to all individuals, in particular children, who were recognised as being particularly vulnerable. The GDPR, however, in seeking to address the security and safety of the private identity of minors who engage in social networking, places the oversight of minors’ digital privacy into parental hands, regardless of their digital competency. -
1 Court of Appeal Found No Love for Topshop Tank
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by CLoK Court of Appeal found no love for Topshop tank: theimage right that dare not speak its name Susan Fletcher Senior Lecturer in Law, University of Central Lancashire Justine Mitchell Associate Lecturer in Law, University of Central Lancashire Subject:Passing Off. Other related subjects: Torts. Image rights.Personalityrights.Publicityrights.Passing off. Tradeconnections.Intellectual property. Keywords:passing off, image rights, personality rights, publicity rights, trade marks, goodwill, misrepresentation, merchandising, endorsements, English law, comparative law, unfair competition, freeriding, unjust enrichment, dilution, monopoly, social media, photograph, Rihanna, Topshop, Fenty, Arcadia Abstract:This article contains an analysis of the first instance and appeal decisions of the “Rihanna case”.In particular, the authors consider the substantive law of passing off in the context of the unauthorised use of a celebrity's image on a Topshop tank vest top. This is followed by a discussionof the consequences of the caseforcelebrities, consumers and stakeholders in theentertainmentand fashion industries. Every time you see me it's a different colour, a different shape, a different style. ....because it really...I/we just go off of instinct. Whatever we feel that very moment, we just go for it. Creatively, fashion is another world for me to get my creativity out.12 1Rihanna quote from the Talk That Talk music video available at www.youtube.com/watch?v=cVTKxwO2UnU -
Fickle Justice: Judicial Idiosyncrasy in UK Privacy Cases
Fickle Justice: Judicial Idiosyncrasy in UK Privacy Cases PAUL WRAGGt I. INTRODUCTION In 1990, the Federal Court of Australia rejected counsel's submission that English authorities on the "public interest" defense in breach of confidence claims ought to be adopted. The court dismissively described those authorities as "not so much a rule of law as an invitation to judicial idiosyncrasy."' The same comment seems equally applicable today. As is well-established in British common law, when deciding claims for misuse of private information (which replaces breach of confidence),2 the court must decide whether the claimant's reasonable expectation of privacy is outweighed by the contribution to a debate of public interest that the publication makes.3 As the case law shows, this is usually a delicate balance that may involve fine distinctions. Yet despite judicial recognition that the "applicable principles [should] be stated with reasonable clarity ' 4 so as to avoid accusations of judicial idiosyncrasy, the approach taken to determining the question of "public interest" remains an invitation to such, especially where celebrities' private lives are involved. Recent developments suggest broad diversity in the methodology of evaluating the worth of privacy-invading expression in which both skeptical and generous approaches are evident. These idiosyncratic factors are the subject of discussion in this Article.5 By examining the recent case law, it will be argued that since the public interest test pervades a range of measures relating to the misuse of private information tort, the issue of judicial idiosyncrasy must be addressed by an appellate court. The adoption of the skeptical approach as tLecturer in Law, School of Law, University of Leeds, UK. -
TRINITY COLLEGE Cambridge Trinity College Cambridge College Trinity Annual Record Annual
2016 TRINITY COLLEGE cambridge trinity college cambridge annual record annual record 2016 Trinity College Cambridge Annual Record 2015–2016 Trinity College Cambridge CB2 1TQ Telephone: 01223 338400 e-mail: [email protected] website: www.trin.cam.ac.uk Contents 5 Editorial 11 Commemoration 12 Chapel Address 15 The Health of the College 18 The Master’s Response on Behalf of the College 25 Alumni Relations & Development 26 Alumni Relations and Associations 37 Dining Privileges 38 Annual Gatherings 39 Alumni Achievements CONTENTS 44 Donations to the College Library 47 College Activities 48 First & Third Trinity Boat Club 53 Field Clubs 71 Students’ Union and Societies 80 College Choir 83 Features 84 Hermes 86 Inside a Pirate’s Cookbook 93 “… Through a Glass Darkly…” 102 Robert Smith, John Harrison, and a College Clock 109 ‘We need to talk about Erskine’ 117 My time as advisor to the BBC’s War and Peace TRINITY ANNUAL RECORD 2016 | 3 123 Fellows, Staff, and Students 124 The Master and Fellows 139 Appointments and Distinctions 141 In Memoriam 155 A Ninetieth Birthday Speech 158 An Eightieth Birthday Speech 167 College Notes 181 The Register 182 In Memoriam 186 Addresses wanted CONTENTS TRINITY ANNUAL RECORD 2016 | 4 Editorial It is with some trepidation that I step into Boyd Hilton’s shoes and take on the editorship of this journal. He managed the transition to ‘glossy’ with flair and panache. As historian of the College and sometime holder of many of its working offices, he also brought a knowledge of its past and an understanding of its mysteries that I am unable to match. -
Response to the ICO Consultation on a Code of Practice for Age Appropriate Design from Defenddigitalme
Response to the ICO Consultation on a Code of Practice for Age Appropriate Design from defenddigitalme About defenddigitalme defenddigitalme is a non-profit, non-partisan, data privacy and digital rights group led by parents and teachers. We aim to make all children’s data safe, fair, and transparent across the education sector. Our work is funded through an annual grant from the Joseph Rowntree Reform Trust Ltd. We thank everyone who contributed to our thinking and shaping of this response including a wide range of NGOs and civil society organisations, parents, organisations representing young people, academics, developers and designers, and supporters. September 2018 defenddigitalme ICO AACOP response September 2018 Contents Introduction 4 Key Recital 38 (GDPR) underpins the DP principles in the Code 6 Geographical scope and limitations 6 Code of Practice suggested key proposals 7 Threats, Themes, and UNCRC summary reference 10 Response to the ICO consultation questions 15 Q1. Appropriateness of proposed age brackets 15 Q2. Views on the proposed age brackets 16 Q3 Comments on the list of areas proposed by Government 16 Consent 16 Data protection by design and default including data minimisation 17 Data minimisation: Anonymisation and product development 17 Age Verification (AV), Privacy, and Identifying who is a child 18 AV and data privacy and protection by default: Parental threat 20 Applied AV in ISS in practice 20 Case study of AV in current practice: Young Scot 20 Case study: G-Suite (Google Classroom and Google Apps for Education) -
Lachaux V Aol Jmt Fnl 300715
Neutral Citation Number: [2015] EWHC 2242 (QB) Case Nos: HQ14D05024 HQ14D05025 IN THE HIGH COURT OF JUSTICE HQ15D00253 QUEEN'S BENCH DIVISION HQ15D00344 HQ15D00553 Royal Courts of Justice Strand, London, WC2A 2LL Date: 30/07/2015 Before: MR JUSTICE WARBY - - - - - - - - - - - - - - - - - - - - - Between : Bruno Lachaux Claimant - and - Independent Print Limited Defendant Bruno Lachaux Claimant -and- Evening Standard Limited Defendant Bruno Lachaux Claimant -and- AOL (UK) Limited Defendant - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Adrienne Page QC and Godwin Busuttil (instructed by Taylor Hampton Solicitors Ltd) for the Claimant David Price QC (of David Price Solicitors & Advocates) for Independent Print Ltd. & Evening Standard Ltd. Manuel Barca QC and Hannah Ready (instructed by Lewis Silkin) for AOL Hearing dates: 20-21 July 2015 - - - - - - - - - - - - - - - - - - - - - Approved Judgment I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic. ............................. MR JUSTICE WARBY Mr Justice Warby : A. INTRODUCTION 1. This is the trial of preliminary issues in these libel claims, pursuant to orders made by Nicola Davies J on 1 April 2015 and Nicol J on 29 June 2015. 2. The claimant is an aerospace engineer, a French national who currently teaches at a military college in Abu Dhabi, in the United Arab Emirates (‘UAE’), which is where he lives. He brings these claims against three different news publishers in respect of five articles first published between 20 January and 10 February 2014. 3. Two of the five articles were published online in the HuffingtonPost by AOL (UK) Ltd (‘AOL’), represented by Mr Barca QC and Ms Ready. -
SPEECH: Preempting Privacy Tourism Stephen Bates
Hastings Communications and Entertainment Law Journal Volume 33 | Number 3 Article 3 1-1-2011 More SPEECH: Preempting Privacy Tourism Stephen Bates Follow this and additional works at: https://repository.uchastings.edu/ hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Stephen Bates, More SPEECH: Preempting Privacy Tourism, 33 Hastings Comm. & Ent. L.J. 379 (2011). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol33/iss3/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. More SPEECH: Preempting Privacy Tourism by * STEPHEN BATES I. Libel Tourism .................................................................................................................... 380 II. Breach of Privacy in Britain ............................................................................................. 388 III. Publication of Private Facts in the United States ........................................................... 395 IV. Counterarguments ............................................................................................................. 401 V. Conclusion ......................................................................................................................... -
Tugendhat and Christie: the Law of Privacy and the Media Online
DFwnN (Free pdf) Tugendhat and Christie: The Law of Privacy and The Media Online [DFwnN.ebook] Tugendhat and Christie: The Law of Privacy and The Media Pdf Free From Oxford University Press *Download PDF | ePub | DOC | audiobook | ebooks Download Now Free Download Here Download eBook #6465806 in Books 2016-03-14Original language:EnglishPDF # 1 7.00 x 2.20 x 9.80l, .0 #File Name: 01996857461010 pages | File size: 26.Mb From Oxford University Press : Tugendhat and Christie: The Law of Privacy and The Media before purchasing it in order to gage whether or not it would be worth my time, and all praised Tugendhat and Christie: The Law of Privacy and The Media: 0 of 0 people found the following review helpful. lsquo;THE FOGGY BOUNDARIES BETWEEN PRIVACY AND FREEDOM OF EXPRESSIONrsquo;By Phillip Taylor MBElsquo;THE FOGGY BOUNDARIES BETWEEN PRIVACY AND FREEDOM OF EXPRESSIONrsquo;ARE EXAMINED IN THIS DEFINITIVE WORK OF REFERENCE-- NOW IN A NEW THIRD EDITIONAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersThis book, says co-editor Sir Mark Warby is lsquo;not an academic treatise, but a practitionerrsquo;s textbookrsquo; adding that lsquo;the practitionerrsquo;s insight is an enormously important part of this workrsquo;, newly published by the Oxford University Press.Now in its third edition, this long established and authoritative work of reference is an absolute boon to practitioners in this difficult field where, more often than not, controversies rage. Within its almost 900 pages, the book contains the insightful -- and not altogether non- controversial -- commentary of some twenty-nine erudite contributors, including the two editors and interestingly, nine foreign law contributors from as many jurisdictions ndash; a useful feature here, for comparative lawyers.The wealth of new material and commentary in this edition reflects the significant developments in this area of law that have emerged since the previous edition of 2011. -
The “Puer Optionis:” Contemporary Childhood Adultization, Spectacularization, and Sexualization
Ricerche di Pedagogia e Didattica – Journal of Theories and Research in Education 12, 2 (2017). ISSN 1970-2221 The “Puer Optionis:” Contemporary childhood adultization, spectacularization, and sexualization Davide Cino ABSTRACT This paper tries to conceptualize postmodern childhood by suggesting the expression “Puer Optionis” as a way to summarize the condition of contemporary children in the Western world. Why are our children prone to looking for an audience? According to some academics, our Zeitgeist evolved and, along with it, the values spread through our children have changed, shifting from communitarian and altruistic to individualistic and narcissistic (Uhls, Greenfield, 2011). In a “spectacularized” society (Codeluppi, 2007), fame and desire for visibility are shown as goals to be reached during a developmental phase, childhood, where the construction of a belief system (Bandura A. et al., 1963) can considerably magnify them. Three examples of “showcases” are suggested, regarding the child spectacularization process: the city; the stage; social networking sites (SNS), opening a short parenthetical about “Sharenting.” Finally, an evolution of the Imaginary Audience theory by David Elkind (Elkind, 1967) will be assessed: in a world where every aspect of our lives can be dragged into the spotlight, is this audience still “imaginary?” What are the implications for our children and the educational challenges we face as educators? L’articolo propone un’analisi di alcuni aspetti dell’infanzia postmoderna, abitata da quello che viene definito “Puer Optionis”: il bambino adultizzato dell’attuale. Nell’intento di supportare la tesi per cui certi indicatori del nostro Zeitgeist stanno rendendo sempre più flebili i confini tra mondo adulto e infantile, verranno presentati i concetti di adultizzazione, vetrinizzazione e sessualizzazione. -
European Crime Prevention Network
European Crime Prevention Network Thematic Paper Youth Internet Safety: risks and prevention In the framework of the project ‘The further implementation of the Multiannual Strategy of the EUCPN and the Informal network on the Administrative Approach’- EUCPN Secretariat, May 2018, Brussels With the financial support of the Prevention of and Fight against Crime Programme of the European Union European Commission – Directorate-General Home Affairs Thematic Paper Youth Internet Safety Abstract This thematic paper is published by the EUCPN Secretariat in connection with one of the EU priorities, more specifically cybercrime. It focusses on the prevention of risks children encounter online. A brief overview is given of several forms of cybercrime considering youth and what motives and facilitating factors enhance them. The last part of the paper focusses on prevention tips with existing examples. Citation EUCPN (2018). Youth Internet Safety: Risks and Prevention. In: EUCPN Secretariat (eds.), EUCPN Theoretical Paper Series, European Crime Prevention Network: Brussels. Legal Notice The contents of this publication do not necessarily reflect the official opinions of any EU Member State or any agency or institution of the European Union or European Communities. Authors Orchana De Corte, Intern, EUCPN Secretariat Jorne Vanhee, Research Officer, EUCPN Secretariat Cindy Verleysen, Senior Research Officer, EUCPN Secretariat Febe Liagre, Strategic Policy Officer, EUCPN Secretariat EUCPN Secretariat Waterloolaan / Bd. De Waterloo 76 1000 Brussels, Belgium Phone: +32 2 557 33 30 Fax: +32 2 557 35 23 [email protected] – www.eucpn.org 2 Thematic Paper Youth Internet Safety Table of contents 1. Introduction ................................................................................................. 4 2. International legislation: ............................................................................... 6 3. Dangers on the internet ............................................................................... -
Google Family Link for Android
Google Family Link for Android This easy guide will walk you through setting up your child’s Google Family Link account in Android, so you can know what sites they are visiting, apps they are using and how much time they are spending on their device, plus much more…. Its non-invasive and your child doesn’t even need to know. This android app allows you, the parent, to set up a Google account for your child under 13 and connect it to your Google account. You can grant access to specific apps and tools, approve paid downloads, monitor screen time, track location, see what apps they are spending the most time in, and more. All in all it’s pretty cool STEP 1 To get started with Family Link, you’ll need to first install it on your phone. Go ahead and do that now. Go to the play store on your phone. Search for “Family Link” then select “Google Family Link” from results. To install simply select the Install button. Please have child’s device to hand. Or the device you are sharing with them. If your child already has a Google account, you’ll need to set up a new one. This is because the Family Link process has to be completed before your child has started using the google account. Start the Family Link app. It starts off with a few pages of what the app is all about. Swipe through those, then tap “Get Started”. STEP 2 It jumps right into a checklist to make sure you have everything you need.