1st Edition

Law, Regulation and Governance in the Information Society Informational Rights and Informational Wrongs

Edited By Maurizio Borghi, Roger Brownsword Copyright 2023

    This edited collection seeks to map the landscape of contemporary informational interests, to evaluate a range of recognised and putative rights and wrongs associated with modern information societies, and to consider how law, regulation, and governance should be deployed in response.

    New technologies and new applications constantly disrupt our values, our framing of our world, and our sense of where we are and who we are. In our ‘information societies’, we entertain mixed hopes and expectations, as well as significant fears and concerns. At the root of these, there are a number of informational interests, on the basis of which certain rights are claimed and particular wrongs denounced. This book addresses these interests, considering them as relating primarily to the integrity of the informational ecosystem, to the accessibility, accuracy, and authenticity of public information, and to our individual ability to control the outward and inward flows of information that relates directly to ourselves. Covering a wide range of subjects, the book’s interrogation of our contemporary information society is oriented around two questions: first, whether the information society in which we live is the kind of society that we think it should be and, second, if not, what we can reasonably expect law, regulation, and governance to do in providing the basis for improving it.

    This book will be of considerable interest to those working at the intersection of law and technology, as well as others concerned with the legal, political, and social aspects of our information society.

    1. Informational Rights and Informational Wrongs: A Tapestry for Our Times

    Maurizio Borghi and Roger Brownsword

    A. Information Society: Questions of Law, Regulation and Governance

    2. By-design Regulation and European Union Law: Opportunities, Challenges and the Road Ahead

    Pieter Van Cleynenbreugel

    3. Corporate Regulation by Information: Democratic Deficit and the Dangers of the New Regulatory Paradigm

    Alison Cronin

    4. Computer Says No to my Upload? Article 17 on Filtering and the GDPR Prohibition of Automated Decision Making 

    Arno Lodder and Tijmen H.A. Wisman

    B. Informational Rights

    5. Data Extractivism and Public Access to Algorithms: Mapping the Battleground of International Digital Trade

    Maurizio Borghi and Ben White

    6. "You AIn’t Seen Nothing Yet": Arguments against the Protectability of AI-generated Outputs by Copyright Law

    Péter Mezei

    7. Informational Rights: Puzzles of Co-Production in 3D Printing

    Dinusha Mendis and Dukki Hong

    8. Victims’ Rights to Participation and their Legitimate Information Interests

    Elle Smith and Melanie Klinkner

    9. Packaging Prenatal Tests and Information for Pregnant Women: Enhancement or Dilution of Informational Interests?

    Jeffrey Wale

    C. Informational Wrongs

    10. Informational Wrongs and Our Deepest Interests

    Roger Brownsword

    11. Obtaining Information from an Over-mighty Subject: the Parliamentary Experience

    Howard Davis

    12. Rights and Wrongs in the Vaccine Informational Ecosystem

    Ana Santos Rutschman

    13. The Legal Regulation of Transgender Personal Data: Transgender History and Disclosure

    Samuel Walker

    D. Informational Rights, Informational Wrongs

    14. Adoptees and their Unknown Genetic Inheritance: An Informational Right or (and) an Informational Wrong?

    Gaye Orr

    15. Informational Rights, Informational Wrongs: Regulating Connected Car Data Access and Use for Telematics Insurance in Europe

    Freyja van den Boom

    16. Intellectual Property and Data Ownership in the European Strategy for Data

    Maria Lillà Montagnani and Antonia von Appen

    17. A Short History of Information Policies

    Alfredo Gigliobianco

    18. Group Privacy? A Further Question for Our Information Societies

    Mark J. Taylor


    Maurizio Borghi is Professor of Commercial Law at the University of Turin, Law School, and CoDirector of the Nexa Centre for Internet and Society at the Polytechnic of Turin.

    Roger Brownsword is Professor in Law at King’s College London and at Bournemouth University, Honorary Professor at Sheffield University, and Visiting Professor at City University Hong Kong.