Narratives about privacy and forgetting in English law

This paper examines narratives about the right of privacy in the UK. It argues that until relatively recently the dominant narrative was one that associated privacy with celebrity claimants and media defendants. Other narratives, such as those concerned with digital privacy and data protection, did not feature as prominently. But changing technological and social contexts mean that these narratives are now understood to be of immense importance too. This paper explores these narratives against the backdrop of the European Commission's proposals for a ‘right to be forgotten’ (now relabelled a ‘right to erasure’), the subject-matter of this special issue, as well as the 2014 Google Spain judgment. The paper emphasises the importance of forgetting as an aspect of the right to privacy and argues that while the UK legislator and courts have been slow to give effect to erasure remedies, they must now start exploring the bounds of legal possibility in order to meet the challenges of the digital age.     

Introduction: exploring and explaining the Asia-Pacific Partnership on Clean Development and Climate

This introduction lays the groundwork for this Special Issue by providing an overview of the Asia-Pacific Partnership on Clean Development and Climate (APP), and by introducing three main analytical themes. The first theme concerns the emergence and continuation of the APP. The contributions show that the emergence of the APP can be attributed to international factors, including the United States’ rejection of the Kyoto Protocol, and its search for an alternative arena for global climate governance, and other countries’ wish to maintain good relations with the US; as well as domestic factors, such as the presence of bureaucratic actors in favour of the Partnership, alignment with domestic priorities, and the potential for reaping economic benefits through participation. The second theme examines the nature of the Partnership, concluding that it falls on the very soft side of the hard–soft law continuum and that while being branded as a public–private partnership, governments remain in charge. Under the third theme, the influence which the APP exerts on the post-2012 United Nations (UN) climate change negotiations is scrutinised. The contributions show that at the very least, the APP is exerting some cognitive influence on the UN discussions through its promotion of a sectoral approach. The introduction concludes with outlining areas for future research.

THE RATIONALE FOR GOVERNMENT INTERVENTION IN SELLER-CONSUMER RELATIONSHIPS

Government intervention in the form of consumer protection is appropriate where consumers have less than the required amount of information to protect themselves, where transaction costs act to reduce consumer self-protection below acceptable levels, where consumer welfare is not sufficiently considered in oligopolistic markets, where private costs and social costs diverge due to externalities, where a certain level of quality assurance is necessary if markets are to function and where riskier products removal from the market lowers firms' insurance premiums as well as serves the interest of public health and safety. Consumer protection is a public good which will not be available in optimal quantities without government intervention.