Prof. Normann WITZLEB has published a new book chapter entitled “Private Enforcement of Data Rights Through Direct Rights of Action: A Comparative Review” in Damian Clifford, Kwan Ho Lau and Jeannie Marie Paterson (eds), Data and Private Law (Oxford: Hart Publishing, 2023) 227-246.

Abstract: This chapter examines and compares provisions for direct rights of action in major data protection regimes, including China, the European Union and the United States. It also explores the case law that has arisen from direct privacy suits under such legislation. Important issues to be addressed include the various functions of direct rights, the relationship of such rights with administrative enforcement as well as with general torts, the availability of class action mechanisms, as well as the range and effectiveness of remedies available to claimants. The chapter concludes that direct access to judicial redress is an important mechanism for the enforcement and development of data privacy rights. The analysis provides insights not only on direct rights in the jurisdictions under consideration but also seeks to inform the law reform debate in other countries, such as Australia, that are currently investigating whether and how to legislate for such rights.

More information on the book is available here. The published version of the chapter is available here (paywall) or upon request.