Compensation for Loss of Personal Data in the Context of Illegal Online Tracking

Description

The Centre for Private and Commercial Law and Centre for Global Law and Innovation were hosting a joint a research seminar based on a paper by Dr Václav Janeček and discussion by Dr Cristiana Santos.
After introducing a variety of illegal online tracking practices, the talk will review the current English legal framework concerning the possible grounds of compensatory liability of different entities in these online surveillance ecosystems (with some comparative remarks and observations about relevant EU laws). This will set the ground for three core questions, namely (i) what amounts to compensable online harm in these situations, (ii) how it can be quantified and (iii) how effectively it can be redressed by way of damages. Referring to the emerging case law on the topic, the talk will then highlight some fundamental shortcomings in the current law’s ability to deal with compensable harms caused by illegal online tracking. In this vein, the talk will critique Art 82 of the GDPR—which is supposed to address these issues head on—and consider whether it is possible to overcome these shortcomings by way of legal interpretation or whether a more radical change to the law is required.

Period	14 Feb 2024
Held at	University of Bristol Law School
Degree of Recognition	International