Data rights incursions: Two hurdles in the pursuit of damages
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 c...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2023
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| Subjects: | |
| Online Access: | https://ink.library.smu.edu.sg/sol_research/4402 |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | 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. |
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