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Journal of Media Law
Article . 2015 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.4324/978131...
Part of book or chapter of book . 2018 . Peer-reviewed
Data sources: Crossref
SSRN Electronic Journal
Article . 2015 . Peer-reviewed
Data sources: Crossref
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The harms of privacy

Authors: Descheemaeker, Eric;

The harms of privacy

Abstract

This paper aims to identify and order the harms or losses which the law might compensate (or more widely redress) in actions for breach of privacy. Part I identifies three such detriments, to which all the others are reducible: pecuniary loss, mental distress and breach of privacy per se. Part II seeks to explain why they cannot all coexist at the same time. This is because they are based on two incompatible ways of understanding the relationship between wrong and harm, which ought not to be conflated: one that regards the loss as the detrimental consequences of the wrong (on respectively the claimant's ‘pocket’ and his emotional tranquillity); the other that treats the harm as the wrong itself, i.e. the invasion to – or loss of – the claimant's privacy. Part III examines some of the consequences the choice we make between them has on key issues within the law of privacy.

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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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bronze