Data and private law / edited by Damian Clifford, Kwan Ho Lau, Jeannie Marie Paterson.

Oxford : Hart Publishing, 2023.

1st edition

201726

Information technology -- Law and legislation.

Data protection -- Law and legislation.

Civil law.

Contract law.

Restitiution.

Part I: Introduction

1. Introduction to data and private law

Part II: Data and private law – theoretical insights

2. Private law, technology and governance

3. Data in a relational setting

Part III: Rights to deal with data

4. The predilection for contract in governing digital networks: micro-management's face off with accountability

5. Data Rights and contract law: formation, incorporation and vitiating factors

6. Data rights and consumer contracts: the case of personal genomic services

7. Private law rights mechanisms for consumer data – filling the gaps

8. Access to platform data and the right to research under US law

Part IV: Uses of data – rights and obligations

9. Tort-based protections for data privacy

10. Closing off the warren of negligence claims for data

11. Trust, confidence and data rights

12. IP and data, IP in data, IP as data

13. Duties for datasets

Part V: Remedies for breaches of data rights

14. Private enforcement of data rights through direct rights of action: a comparative review

15. Data rights incursions: two hurdles in the pursuit of damages

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. - Publisher's website.

Includes bibliographical references and index.

9781509966028

xxvi, 273 pages ; 25 cm