Data and Private Law

Damian Clifford is Senior Lecturer at the Australian National University, College of Law, Australia. Kwan Ho Lau is Assistant Professor of Law at the Yong Pung How School of Law, Singapore Management University, Singapore. Jeannie Marie Paterson is Professor of Law at Melbourne Law School, Australia.

Foreword
Acknowledgements
List of Contributors
Table of Cases
Table of Legislation

PART I
INTRODUCTION
1. Introduction to Data and Private Law
Damian Clifford, Kwan Ho Lau and Jeannie Marie Paterson

PART II
DATA AND PRIVATE LAW – THEORETICAL INSIGHTS
2. Private Law, Technology and Governance
Roger Brownsword
3. Data in a Relational Setting
Sally Wheeler

PART III
RIGHTS TO DEAL WITH DATA
4. The Predilection for Contract in Governing Digital Networks:
Micro-Management’s Face Off with Accountability
Lee A Bygrave
5. Data Rights and Contract Law: Formation, Incorporation
and Vitiating Factors
Damian Clifford and Jeannie Marie Paterson
6. Data Rights and Consumer Contracts: The Case of Personal
Genomic Services
Shmuel I Becher and Andelka M Phillips
7. Private Law Rights Mechanisms for Consumer Data – Filling the Gaps
Chris Reed
8. Access to Platform Data and the Right to Research under US Law
Niva Elkin-Koren, Maayan Perel and Ohad Somech

PART IV
USES OF DATA – RIGHTS AND OBLIGATIONS
9. Tort-Based Protections for Data Privacy
Jelena Gligorijevic
10. Closing Off the Warren of Negligence Claims for Data Breaches
Eoin O’Dell
11. Trust, Confidence and Data Rights
Megan Richardson
12. IP and Data, IP in Data, IP as Data
Kimberlee Weatherall
13. Duties for Datasets
Jerrold Soh Tsin Howe

PART V
REMEDIES FOR BREACHES OF DATA RIGHTS
14. Private Enforcement of Data Rights Through Direct Rights of
Action: A Comparative Review
Normann Witzleb
15. Data Rights Incursions: Two Hurdles in the Pursuit of Damages
Kwan Ho Lau
Index