Privacy as Property

Privacy as Property

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Author: Smith, Marcus
ISBN: 9781509987382
Publisher: Bloomsbury
Year first published: 26 Feb 2026
Pages: 496
Format: Hardback

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 philosopical 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.

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