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Record W3213462452

On the (Data) Breach of Confidence

2021· article· en· W3213462452 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueSSRN Electronic Journal · 2021
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicDispute Resolution and Class Actions
Canadian institutionsnot available
Fundersnot available
KeywordsRedressData breachAppealClass actionContext (archaeology)Action (physics)Political scienceLawSubject (documents)Cause of actionReading (process)Internet privacyBusinessSupreme courtComputer scienceState (computer science)HistoryWorld Wide Web
DOInot available

Abstract

fetched live from OpenAlex

In the last decade, the evolution of the breach of confidence as a legal instrument to redress harms occurring in digital realms has tested the limits of this cause of action and raised significant questions about the legal interests it serves to protect. This case comment focuses on another type of dispute—one where courts have been far more equivocal in their approach—where parties have sought to assert the breach of confidence for wrongs occurring in online relationships: data breaches. Focusing on Tucci v. Peoples Trust Company, a judgment handed down by the Court of Appeal for British Columbia in September 2020 on appeal of a decision certifying a class of web users whose personal information was subject to unauthorized acquisition in a data breach, this comment scrutinizes the reading of the breach of confidence that Canadian courts have been making in the context of data breaches, and contends that this reading ignores the essence and promise of this cause of action to instill trust in online relationships that are threatened when data breaches occur. Contrary to judicial reluctance to allow the breach of confidence to operate in these scenarios, this comment argues that this cause of action is an appropriate and effective mechanism for establishing and reinforcing norms of trust in online relationships that are threatened when data breaches occur.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.736
Threshold uncertainty score0.455

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.024
GPT teacher head0.246
Teacher spread0.222 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it