Month: November 2018

A brief introduction to the concept of privacy under English law – Part I

The Privacy Perspective6 Comments

This article is meant to illustrate the development of the concept of privacy under English law, is by no means exhaustive and provides a general reference to key developments.

Many doctrines under English law form due to common law, also known as judge-made or case law, where a series of legal cases create and form doctrines or principles which underpin legal rights. Privacy emerged as a notion in common law in the 18th century, developing through cases, until it was legislated in the 20th century under the European Convention on Human Rights, which was integrated into English law by the Human Rights Act 1998. In Part I we explore the early common law cases which introduced the concept of privacy to English law.

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A regulatory Trojan horse – decrypting calls for a Federal consumer privacy law in the United States

The Privacy Perspective1 Comment

In a keynote speech before the European Parliament in Brussels on 24 October 2018, Tim Cook CEO of Apple called for the implementation of a Federal privacy law, praising the Parliament for its implementation of the General Data Protection Regulation (“GDPR”):

“We at Apple are in full support of a comprehensive Federal privacy law in the United States. There, and everywhere, it should be rooted in four essential rights: First, the right to have personal data minimized… Second, the right to knowledge… Third, the right to access… and fourth the right to security.”

Data-driven companies are painfully aware that they need to be seen to take consumer privacy seriously or risk alienating customers. However, they are also aware of the regulatory burden new laws would place on their operations. The result is a covert attempt to undermine state legislative efforts by pushing for superseding Federal privacy laws.

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