Privacy as Property
1st Edition
Published on 5. February 2026
288 pages
978-1-5099-8739-9 (ISBN)
Description
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 books suggests that English law has evolved a powerful tool for the protection of privacy in this data-driven world.
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 books suggests that English law has evolved a powerful tool for the protection of privacy in this data-driven world.
More details
Edition
1. Auflage
Language
English
Place of publication
London
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
ISBN-13
978-1-5099-8739-9 (9781509987399)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Person
Sir Marcus Smith was called to the Bar in 1991 and took silk in 2010. He had a broad commercial and Chancery practice. He was appointed chair of the Competition Appeal Tribunal in 2009 and was chair of the Appeals Committee of the Human Fertilisation and Embryology Authority between 2015 and 2017. He became a High Court Judge in January 2017. Between 2019 and 2021, Marcus was Business and Property Courts Supervising Judge for the Midlands, Western and Wales. He relinquished that role on his appointment, in November 2021, as President of the Competition Appeal Tribunal. His term as President expired in November 2024.
Content
I. INTRODUCTION
II. THE NEW CAUSE OF ACTION OF MISUSE OF PRIVATE INFORMATION
III. THE NATURE OF INFORMATION
IV. UNDERPINNINGS AND RATIONALE
V. ECONOMIC JUSTIFICATION FOR A PROPRIETARY REGIME
VI. PRIVATE INFORMATION
VII. MISUSE: NON-STATE ACTORS
VIII. MISUSE: STATE ACTORS
IX. UNDERTAKINGS, MASS DATA COLLECTION AND THE PROTECTION OF PRIVACY
X. BRINGING THE CLAIM
XI. EXPLOITATION OF PRIVATE INFORMATION
XII. PRIVACY AND INFORMATION IN THE NEW WORLD
II. THE NEW CAUSE OF ACTION OF MISUSE OF PRIVATE INFORMATION
III. THE NATURE OF INFORMATION
IV. UNDERPINNINGS AND RATIONALE
V. ECONOMIC JUSTIFICATION FOR A PROPRIETARY REGIME
VI. PRIVATE INFORMATION
VII. MISUSE: NON-STATE ACTORS
VIII. MISUSE: STATE ACTORS
IX. UNDERTAKINGS, MASS DATA COLLECTION AND THE PROTECTION OF PRIVACY
X. BRINGING THE CLAIM
XI. EXPLOITATION OF PRIVATE INFORMATION
XII. PRIVACY AND INFORMATION IN THE NEW WORLD
