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Author: Jason Varuhas
Publisher:
ISBN: 9781509915637
Category : LAW
Languages : en
Pages : 456
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Book Description
Author: Jason Varuhas
Publisher:
ISBN: 9781509915637
Category : LAW
Languages : en
Pages : 456
Get Book Here
Book Description
Author: United States. Department of Justice. Privacy and Civil Liberties Office
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 276
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Book Description
The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.
Author: Katy Barnett
Publisher:
ISBN:
Category :
Languages : en
Pages : 25
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Book Description
This paper considers why awards of gain-based relief for breach of privacy are uncommon. There are three reasons for this. First, there are arguably two possible measures of gain-based relief: the reasonable fee and the account of profits. In relation to the latter, the account of profits is a personal remedy, but the proprietary constructive trust can also sometimes be used to achieve a similar result. Second, there is uncertainty about the nature of the cause of action, particularly in Australia. The availability of specific kinds of gain-based relief has generally been predicated on the historical origin of the particular cause of action. Unfortunately, the categorisation of breach of privacy is uncertain, and it has been seen both as a tort and as a species of equitable breach of confidence. This has ramifications for the availability of remedies, particularly in Australia. The equitable remedy of account of profits is more likely to be awarded for equitable causes of action, and only exceptionally for common law causes of action, if at all. By contrast, reasonable fee awards are more likely to be available for certain torts. Thirdly, accounts of profits are generally unwieldy and difficult to calculate, and courts find it difficult to apportion profits to the breach.It is suggested that the remedies available for breach of privacy should be uncoupled from the debates about historical origin. Instead the focus should be upon the normative basis of the cause of action (whether it is conceived of as equitable or tortious, or as a mixture of both), as this will determine what remedies should be available. It will be suggested that accounts of profit should be available for breach of privacy, but only exceptionally, where compensatory damages are inadequate, an injunction is unavailable, the defendant's breach was advertent and the defendant made a profit. Moreover the difficulties of calculation mentioned above should be dealt with by reversing the burden of proof, and requiring the defendant to show that any net profit was not attributable to the breach. By contrast, it will be argued that reasonable fee awards should not be made, and nor should Lord Cairns' Act be used (even in a beneficent interpretation) to enable gain-based awards.
Author: Jason NE Varuhas
Publisher: Bloomsbury Publishing
ISBN: 1509915613
Category : Law
Languages : en
Pages : 471
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Book Description
Over the last 15 years, privacy actions have been recognised at common law or in equity across common law jurisdictions, and statutory privacy protections have proliferated. Apex courts are now being called upon to articulate the law governing remedies, including in high-profile litigation concerning phone hacking, covert filming and release of personal information. Yet despite the practical significance of the courts' approach to damages, injunctions and other remedies for breach of privacy, very little has been written on the topic. This book comprehensively analyses these developments from a comparative perspective and provides solutions to issues which are coming to light as higher courts forge this remedial jurisprudence and practitioners look for guidance. Significantly, the essays are important not only for what they say about remedies, but also for the attention they give to the nature of the new privacy actions, providing deep insights into substantive law. The book includes contributions by academics, practitioners and judges from Australia, Canada, England, New Zealand and the United States, who are expert in the legal disciplines implicated by privacy remedies, including torts, equity, public law and conflict of laws. By bringing together this range of perspectives, the book offers authoritative insights into this cutting-edge topic. It will be essential reading for all those seeking to understand and resolve the new issues associated with privacy remedies.
Author:
Publisher:
ISBN:
Category : Computer crimes
Languages : en
Pages : 232
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Book Description
Author: Mindy Chen-Wishart
Publisher: Oxford University Press
ISBN: 0191074411
Category : Law
Languages : en
Pages : 531
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Book Description
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
Author: Kent Roach
Publisher: Cambridge University Press
ISBN: 1108417876
Category : Law
Languages : en
Pages : 633
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Book Description
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher:
ISBN: 9781680923025
Category :
Languages : en
Pages : 180
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Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author: Institute of Medicine
Publisher: National Academies Press
ISBN: 0309124999
Category : Computers
Languages : en
Pages : 334
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Book Description
In the realm of health care, privacy protections are needed to preserve patients' dignity and prevent possible harms. Ten years ago, to address these concerns as well as set guidelines for ethical health research, Congress called for a set of federal standards now known as the HIPAA Privacy Rule. In its 2009 report, Beyond the HIPAA Privacy Rule: Enhancing Privacy, Improving Health Through Research, the Institute of Medicine's Committee on Health Research and the Privacy of Health Information concludes that the HIPAA Privacy Rule does not protect privacy as well as it should, and that it impedes important health research.
Author: Kenneth A. Bamberger
Publisher: MIT Press
ISBN: 0262552426
Category : Law
Languages : en
Pages : 353
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Book Description
An examination of corporate privacy management in the United States, Germany, Spain, France, and the United Kingdom, identifying international best practices and making policy recommendations. Barely a week goes by without a new privacy revelation or scandal. Whether by hackers or spy agencies or social networks, violations of our personal information have shaken entire industries, corroded relations among nations, and bred distrust between democratic governments and their citizens. Polls reflect this concern, and show majorities for more, broader, and stricter regulation—to put more laws “on the books.” But there was scant evidence of how well tighter regulation actually worked “on the ground” in changing corporate (or government) behavior—until now. This intensive five-nation study goes inside corporations to examine how the people charged with protecting privacy actually do their work, and what kinds of regulation effectively shape their behavior. And the research yields a surprising result. The countries with more ambiguous regulation—Germany and the United States—had the strongest corporate privacy management practices, despite very different cultural and legal environments. The more rule-bound countries—like France and Spain—trended instead toward compliance processes, not embedded privacy practices. At a crucial time, when Big Data and the Internet of Things are snowballing, Privacy on the Ground helpfully searches out the best practices by corporations, provides guidance to policymakers, and offers important lessons for everyone concerned with privacy, now and in the future.
