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DATA PROTECTION AND THE RIGHT TO REPUTATION: FILLING THE “GAPS” AFTER THE DEFAMATION ACT 2013


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Abstract

jats:titleAbstract</jats:title>jats:pDefamation law has historically occupied a position of overwhelming dominance in the vindication of the traditional right to reputation. Nevertheless, liberalisation of this legal framework including through the Defamation Act 2013 has led to a concern that, when analysed from a fundamental rights perspective, “gaps” in the protection provided for natural persons may have emerged. In this new context, there has been a renewed focus on whether data protection may fill the potential lacunae. Data protection law contains a number of important limitations and exceptions and its jurisprudence has been both limited and sometimes confused. Nevertheless, this article argues that its broad purpose and complex structure ensure it will play a significantly augmented role in the future, especially in actions against website operators facilitating the dissemination of information posted by a third party, the publication of opinion, or where either injunctive relief or the correction of inaccurate information is sought (in particular in cases of continuing online disclosure).</jats:p>

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Keywords

48 Law and Legal Studies, 4806 Private Law and Civil Obligations, 16 Peace, Justice and Strong Institutions

Journal Title

The Cambridge Law Journal

Conference Name

Journal ISSN

0008-1973
1469-2139

Volume Title

73

Publisher

Cambridge University Press (CUP)