Privacy as Property

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Privacy as Property

Data protection law Confidential information law Property law: general Law of torts, damages and compensation

Author: Marcus Smith

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Language: English

Published by: Hart Publishing

Published on: 5th February 2026

Format: LCP-protected ePub

Size: 496 pages

ISBN: 9781509987399


Introduction

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.

Property of 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.

Analysis and Conclusion

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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