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    Technological solutions to privacy questions: what is the role of law?

    Murphy, Maria Helen (2016) Technological solutions to privacy questions: what is the role of law? Information and Communications Technology Law, 25 (1). pp. 4-31. ISSN 1360-0834

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    In spite of its recognition as a fundamental human right, privacy is sometimes criticised as an anachronistic value in modern life [James Rule, Privacy in Peril (OUP, 2007) xi]. While the prominence of this view has lessened in the wake of the Snowden revelations and increased public concern with online privacy [Maria Helen Murphy, ‘The Pendulum Effect: Comparisons Between the Snowden Revelations and the Church Committee. What are the Potential Implications for Europe?’ (2014) 23(2) Information and Communications Technology Law 192], the right continues to struggle for support when it is portrayed as being in competition with national security, personal safety, and economic prosperity [Daniel Solove, ‘“I’ve Got Nothing to Hide” and other Misunderstandings of Privacy’ (2007) 44 San DLR 745]. As developments in technology continue to threaten the right to privacy, interest in technological solutions to privacy problems continues to grow. This article seeks to consider current privacy debates from the perspectives of multiple stakeholders in order to assess whether technological and design approaches offer the best path forward, or whether an essential role remains to be played by law.

    Item Type: Article
    Keywords: privacy by design; encryption; incentives; technology;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 11766
    Identification Number:
    Depositing User: Maria Murphy
    Date Deposited: 20 Nov 2019 17:04
    Journal or Publication Title: Information and Communications Technology Law
    Publisher: Taylor & Francis
    Refereed: Yes
    Use Licence: This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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