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Compensation for non-material damage pursuant to Article 82 GDPR – Eoin O’Dell

The General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 [the GDPR]) provides both for public enforcement by data protection authorities and for private enforcement by any person who has suffered damage as a result of an infringement of the Regulation (on this inter-connection, see Johanna Chamberlain & Jane Reichel “The Relationship Between Damages and Administrative Fines in the EU General Data Protection Regulation” 89 Mississippi Law Journal (forthcoming 2020; SSRN)). Continue reading

Coronavirus, Media Reportage and Patient Privacy – Jelena Gligorijevic

How does the law protect the privacy of individuals infected with a novel, rapidly spreading virus, against intrusive media reportage? In some common law jurisdictions, including England and Wales, and New Zealand, tort law offers some protection, and media ought to bear this in mind. In others, including Australia, such protection against intrusive media activities per se has not yet been recognised by the courts. Continue reading

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