2017
DOI: 10.4337/9781785369360
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Copyright and Information Privacy

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Cited by 12 publications
(11 citation statements)
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“…11 In a book-length analysis of the balance between copyright and privacy in identity disclosure orders, Giovanella has argued that courts faced with rights conflicts apply 'conceptual balancing', giving priority to the right 'to which the legal system as a whole attaches more importance'. 12 But, while courts often seem influenced by some form of rights ordering, judicial reasoning is not as systematic as Giovanella suggests, commonly being no more than an implicit ranking. Moreover, in practice, as the UK Supreme Court has observed, applying balancing (in the form of proportionality analysis) 'depends to a significant extent upon the context'.…”
Section: Rights Balancing and Proportionalitymentioning
confidence: 99%
See 1 more Smart Citation
“…11 In a book-length analysis of the balance between copyright and privacy in identity disclosure orders, Giovanella has argued that courts faced with rights conflicts apply 'conceptual balancing', giving priority to the right 'to which the legal system as a whole attaches more importance'. 12 But, while courts often seem influenced by some form of rights ordering, judicial reasoning is not as systematic as Giovanella suggests, commonly being no more than an implicit ranking. Moreover, in practice, as the UK Supreme Court has observed, applying balancing (in the form of proportionality analysis) 'depends to a significant extent upon the context'.…”
Section: Rights Balancing and Proportionalitymentioning
confidence: 99%
“…Giovanella, accordingly, seems to over-state the significance of the case when she regards it as supporting her conclusion that, applying 'conceptual balancing', Canadian courts give more weight to privacy than to copyright (at least relative to other jurisdictions). 53 In the main case applying BMG to disclosure of subscriber names associated with downloading torrent files, Voltage Pictures, 54 the Federal Court granted the order, concluding that the rights of the copyright holder outweighed the privacy rights of internet users, 55 largely on the basis that '(p)rivacy considerations should not be a shield to wrongdoing'. 56 The court went on, however, to point out that the order must ensure that 'privacy rights are invaded in the most minimal way possible'.…”
Section: Canadamentioning
confidence: 99%
“…Recession has reduced revenues, raised public deficit and increased unemployment. Fiscal austerity pacts resulted in unprecedented cuts in social programs, with strong repercussions in health policies 7 . Spain and Portugal have national systems characterized by universal coverage, decentralized organization on a territorial basis, financing from tax sources and there is residual private insurance.…”
Section: Introductionmentioning
confidence: 99%
“…In Brazil, the restructuring of primary health care was part of the health reform movement, with the objective of reorganizing care models [1][2][3] . Over the history of also done of papers referenced in the selected texts, due to the scarcity of documents on the theme.…”
Section: Introductionmentioning
confidence: 99%