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Privacy as Property

by Marcus Smith

Privacy, property, and English law

Regular price $151.33 USD
Regular price $151.33 USD Sale price $151.33 USD

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AlbakiReads Editorial

Privacy, property, and English law

Marcus Smith examines the tort of misuse of private information through the idea that private information may receive property-like treatment under English law. The book connects philosophical questions about what property is with practical difficulties in treating information as something that can be owned. Its legal analysis considers rights of exclusion, exploitation, and transfer, and how these relate to both privacy protection and the economic value of personal information. The discussion is situated in a data-driven context, with the book presenting this legal development as a framework for addressing privacy concerns.

Good fit for readers who enjoy

  • Readers studying English privacy law or the tort of misuse of private information.
  • Lawyers and legal researchers interested in property concepts applied to information.
  • Readers exploring the legal and economic dimensions of private information.

Themes

Privacy lawProperty and informationEconomic value of private informationEnglish tort law

Based on publisher information and book metadata.

Book overview

This innovative work offers a new perspective on the established tort of misuse of private information, contending that English law has evolved a sophisticated mechanism for the protection of privacy and the protection of the economic value in private information.

Although information generally is not property, private information now appears to be treated by English law as a form of property, giving the owner of the information rights of exclusion, exploitation and transfer.

Balancing philosophical discussion of the fundamentals with a detailed analysis of the practical difficulties of "propertising" information, the book suggests that English law has evolved a powerful tool for the protection of privacy in this data-driven world.

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