Data rights incursions: Two hurdles in the pursuit of damages
Publication Type
Book Chapter
Publication Date
12-2023
Abstract
This chapter is concerned primarily with the monetary remedies a claimant might seek to recover for an incursion of rights to data. The need for the law to provide its subjects with principled guidance on the award and assessment of damages in this domain of growing importance is clear. It will be contended that the content of such guidance must also take into account relevant policy considerations. This contention is advanced by looking at two main hurdles that a prospective claimant may encounter when pursuing a claim for damages at common law, namely, having to show that the loss or damage suffered is a legally cognisable one, and to prove the content of that loss or damage to a legally satisfactory standard.
Discipline
Contracts | Science and Technology Law | Torts
Research Areas
Asian and Comparative Legal Systems
Publication
Data and Private Law
Editor
CLIFFORD, Damian; LAU, Kwan Ho; PATERSON, Jeannie Marie
First Page
247
Last Page
264
ISBN
9781509966028
Identifier
10.5040/9781509966059.ch-015
Publisher
Hart Publishing
City or Country
Oxford
Citation
LAU, Kwan Ho.
Data rights incursions: Two hurdles in the pursuit of damages. (2023). Data and Private Law. 247-264.
Available at: https://ink.library.smu.edu.sg/sol_research/4402
Additional URL
https://doi.org/10.5040/9781509966059.ch-015