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PROF. NORMANN WITZLEB

Associate Professor

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(852) 3943 1274

(852) 2994 2505

n.witzleb@cuhk.edu.hk

Room 634
Faculty of Law
6/F, Lee Shau Kee Building
The Chinese University of Hong Kong
Sha Tin, NT, Hong Kong SAR

Normann Witzleb joined CUHK Law in 2021. He was previously an Associate Professor and Associate Dean (International and Engagement) in the Faculty of Law of Monash University Australia.

His research focus is on privacy and data protection law, the law of torts and remedies, as well as comparative law. His recent book publications include Big Data, Political Campaigning and the Law: Democracy and Privacy in the Age of Micro-Targeting (Routledge, 2020), with M Paterson & J Richardson (eds) and Remedies: Commentary and Materials, 7th ed (Thomson Reuters, 2020), with E Bant, S Degeling & K Barker. Some of his recent research is available from SSRN and ResearchGate.

Prof Witzleb maintains an adjunct position at Monash Law, where he teaches an LLM course on Privacy and Surveillance in the age of AI. He is admitted to practice in the Australian Capital Territory, a barrister of the High Court of Australia and a fully qualified German lawyer. In 2019 and 2020, he consulted with the Australian Attorney-General’s Department and the Office of the Australian Information Commissioner on law reform projects in privacy and information law.

Prof Witzleb is an experienced PhD supervisor, who welcomes expressions of interest from higher degree research students in his areas of expertise.

EDUCATION AND PROFESSIONAL QUALIFICATIONS

  • Dr. iur. (European University Viadrina Frankfurt/O Germany)
  • LLB (Murdoch University)
  • Admitted to Supreme Court of the Australian Capital Territory and the High Court of Australia
  • Second German State Law Exam (Kammergericht Berlin)
  • First German State Law Exam (Bavaria)

        RESEARCH INTERESTS

        • Privacy, Data Protection and Information Law
        • Torts
        • Remedies
        • Comparative Law

              REPRESENTATIVE PUBLICATIONS

              Books
              • Big Data, Political Campaigning and the Law: Democracy and Privacy in the Age of Micro-Targeting (Routledge, 2020) (edited with Moira Paterson & Janice Richardson)
              • Remedies: Commentary and Materials, 7th ed (Thomson Reuters, 2020) (with Elise Bant, Simone Degeling & Kit Barker)
              • The European Union and Global Engagement: Institutions, Policies and Challenges (Edward Elgar, 2015) (edited with Alfonso Martínez Arranz and Pascaline Winand)
              • Remedies: Commentary and Materials, 6th ed (Thomson Reuters, 2015) (with Elise Bant, Simone Degeling & Kit Barker)
              • Festschrift für Dieter Martiny zum 70. Geburtstag (Mohr Siebeck, 2014) edited with Hanno Merkt, Oliver Remien, Reinhard Ellger and Peter Mankowski
              • Emerging Challenges in Privacy Law: Comparative Perspectives (Cambridge University Press, 2014) edited with David Lindsay, Moira Paterson and Sharon Rodrick
              Journal Articles
              • ‘Big Brother at Work – Workplace Surveillance and Employee Privacy in Australia’ (2021) 34 Australian Journal of Labour Law 170–199 (with Murray Brown)
              • ‘Adtech and Children’s Data Rights’ (2021) 44(3) University of New South Wales Law Journal 857-877 (with Lisa Archbold, Damian Clifford, Moira Paterson and Megan Richardson)
              • Another Push for an Australian Privacy Tort: Context, Evaluation and Prospects (2020) 94 Australian Law Journal 765-776
              • Revitalising Public Law in a Technological Era: Rights, Transparency and Administrative Justice’ (2020) 43(3) University of New South Wales Law Journal 1041-1077 (with Yee-Fui Ng, Maria O’Sullivan and Moira Paterson)
              • When is personal data ‘about’ or ‘relating to’ an individual? A comparison of Australian, Canadian, and EU data protection and privacy laws (2018) 4 Canadian Journal of Comparative and Contemporary Law 293-329 (with Julian Wagner)
              • The privacy-related challenges facing medical research in an era of big data analytics: a critical analysis of Australian legal and regulatory frameworks (2018) 26 Journal of Law and Medicine 188-203 (with Moira Paterson)
              • ‘Personal Information’ in the Australian Privacy Act and the Classification of IP Addresses (2017) 3 European Data Protection Law Review 528-533 (with Julian Wagner)
              • The private international law implications of a privacy tort under state or territory legislation (2016) 21 Media and Arts Law Review 121-148 (with Sirko Harder)
              • The regulation of commercial profiling: A comparative analysis (2016) 2 European Data Protection Law Review 535-554 (with Indra Spiecker genannt Döhmann, Olivia Tambou, Paul Bernal, Margaret Hu, Carlos Molinaro, Elsa Negre, Ingo Sarlet, Laura Schertel Mendes and Florian Yger)
              • European and EU studies and research in Australia through thick and thin: public policy and higher education mismatch? (2015) 61 Australian Journal of Politics and History 67-81 (with Pascaline Winand and Paul Kalfadellis)
              • Exemplary damages for invasions of privacy (2014) 6 The Journal of Media Law 69-93
              • The challenge to privacy from ever increasing state surveillance: a comparative perspective (2014) 37 University of New South Wales Law Journal 748-783 (with Konrad Lachmayer)
              • ‘It’s not just about the money’ – enhancing the vindicatory effect of private law remedies (2011) 37 Monash University Law Review 216-240 (with Robyn Carroll)
              • A statutory cause of action for privacy? A critical appraisal of three recent Australian law reform proposals (2011) 19 Torts Law Journal 104-134
              • Marriage as the ‘Last Frontier’? Same-Sex Relationship Recognition in Australia (2011) 25 International Journal of Law, Policy and the Family 135-164
              • ‘Naming and shaming’ in Western Australia: Prohibited behaviour orders, publicity and the decline of youth anonymity (2011) 35 Criminal Law Journal 34-45 (with Thomas Crofts)
              • ‘Equity does not act in vain’: An analysis of futility arguments in claims for injunctions (2010) 32 Sydney Law Review 503-531
              • Justifying Gain-Based Remedies for Privacy Breaches (2009) 26 Oxford Journal of Legal Studies 325-363
              • Monetary Remedies for Breach of Confidence in Privacy Cases (2007) 27 Legal Studies 430-464
              Book Chapters
              • ‘Artificial Intelligence and Sensitive Inferences: New Challenges for Data Protection Laws’, with Damian Clifford and Megan Richardson, in: Mark Findlay, Jolyon Ford, Josephine Seoh and Dilan Thampapillai (eds), Regulatory Insights on Artificial Intelligence: Research for Policy (Edward Elgar, 2022), 19–45
              • ‘Micro-targeting in Political Campaigns: Political Promise and Democratic Risk’, with Moira Paterson, in: Uta Kohl and Jacob Eisler (eds), Data-Driven Personalisation in Markets, Politics and Law (CUP, 2021) 223-239
              • The Australian COVIDSafe App and Privacy: Lessons for the Future of Australian Privacy Regulation, with Moira Paterson, in: Belinda Bennett and Ian Freckelton (eds), Pandemics, Public Health Emergencies and Government Powers: Perspectives on Australian Law (Federation Press, 2021) 165-180
              • ‘Voter privacy in an era of big data: Time to abolish the political exemption in the Australian Privacy Act’, with Moira Paterson, in: Normann Witzleb, Moira Paterson and Janice Richardson (eds), Big Data, Political Campaigning and the Law: Privacy and Democracy in the Age of Micro-Targeting, Routledge, 2020, 164-185
              • ‘Political micro-targeting in an era of big data analytics: An overview of the regulatory issue’, with Janice Richardson and Moira Paterson, in: Normann Witzleb, Moira Paterson and Janice Richardson (eds), Big Data, Political Campaigning and the Law: Privacy and Democracy in the Age of Micro-Targeting, Routledge, 2020, 1-14
              • ‘Determinations under the Privacy Act 1988 (Cth) as a Privacy Remedy’, in: Jason Varuhas and Nicole Moreham (eds), Remedies for Privacy Breaches, Hart Publishing (2018), 377-408
              • ‘E-safety: Protection of children from cyber-bullying, sexting and privacy invasion’, with Thomas Crofts, in: Lisa Young, Maryanne Kenny and Geoffrey Monahan (eds), Children and the Law in Australia, 2nd ed, LexisNexis Butterworths (2016), 239-271
              • ‘Surrogacy in India: Strong demand, weak laws’, with Anurag Chawla, in: Paula Gerber and Katie O’Byrne (eds), International Perspectives on the Regulation of Surrogacy, Federation Press (2015), 167-191
              • ‘Employee monitoring and surveillance under Australian law: The need for workplace privacy legislation’, in: Dieter Dörr and Russell L Weaver (eds), Perspectives on Privacy, De Gruyter (2014), 126-148
              • ‘Interim Injunctions for Invasions of Privacy: Challenging the Rule in Bonnard v. Perryman?’, in: Normann Witzleb, David Lindsay, Moira Paterson and Sharon Rodrick (eds), Emerging Challenges in Privacy Law: Comparative Perspectives, Cambridge University Press (2014), 407-440
              • ‘Emerging Challenges in Privacy Law: Comparative Perspectives’, with David Lindsay, Moira Paterson and Sharon Rodrick, in: Normann Witzleb, David Lindsay, Moira Paterson and Sharon Rodrick (eds), Emerging Challenges in Privacy Law: Comparative Perspectives, Cambridge University Press (2014), 1-28
              • ‘In Search of European and EU Studies in Australia: Challenges and Opportunities’, with Pascaline Winand and Paul Kalfadellis, in: Ariane Landuyt (ed), The State of EU Studies outside Europe, Il Mulino, 2014, 195-240
              • ‘How should an Australian Statutory Cause of Action protecting privacy be framed?’, in: Dieter Dörr and Russell L. Weaver (eds) The Right to Privacy in the Light of Media Convergence: Perspectives from Three Continents, De Gruyter, 2012, 237-254
              • ‘Mapping and Embedding Graduate Attributes Across the Curriculum’, with Natalie Skead, in: Jill Cowley, Sally Kift, Michelle Sanson & Penelope Watson (eds) Excellence and Innovation in Legal Education, LexisNexis, 2011, 31-68
              • ‘Futility as a discretionary factor in domestic and international litigation’, in: Russell L. Weaver and Francois Lichere (eds), Recognition and Enforcement of Judgements: Comparative and International Perspectives, Presses Universitaires d’Aix-Marseille, 2011, 62-125.
              • ‘Declarations’, in: David Wright and Samantha Hepburn (eds), Remedies in Equity—The Laws of Australia, Lawbook Co, 2010
              Commissioned Research Reports
              • Privacy risks and harms for children and other vulnerable groups in the online environment, Research paper commissioned by the Office of the Australian Information Commissioner (OAIC) (2020), with Moira Paterson, Jordan Wilson-Otto, Gabby Tolkin-Rosen and Melanie Marks,
              • The Use of Automated Technologies for Government Decision-Making and Service Delivery: Integrity Law Frameworks, Issues Paper for the Commonwealth Attorney General’s Department (2019), with Yee-Fui Ng, Maria O’Sullivan and Moira Paterson

              SELECTED CONFERENCE PAPERS AND SEMINARS

              • Online Proctoring and Privacy, with Moira Paterson, Machine-Lawyering Conference 2021: Human Sovereignty and Machine Efficiency in the Law, Faculty of Law, Chinese University of Hong Kong (15 January 2021)
              • Young people’s consent to data processing – suggestions for reform of the Australian Privacy Act 1988, with Moira Paterson, HMI-CAIDE ‘Consent and Consumer Manipulation’ Paper Workshop, Australian National University (16 September 2020)
              • COVID-19: Privacy and Surveillance in the Pandemic, ‘COVID-19 v Your Rights To Privacy’, Monash Law Webinar (1 June 2020)
              • Privacy law reform in Australia: Some observations, Commercial Law Seminar: Privacy Law in an Era of Disruption, Monash University, Faculty of Law (25 September 2019)
              • Future Directions for Young People’s Privacy Rights: Some Comparative Reflections, with Moira Paterson, Symposium: Young People’s Privacy in an Online World, Monash University Faculty of Law (20 September 2019)
              • Regulating the Use of Voter Data by Political Actors and Parties: How to Balance Privacy and Democracy in an Era of Micro-Targeting, with Moira Paterson, Disruptions of the Digital: Privacy, Civics, Democracy: A Symposium, University of Melbourne (16 August 2019)
              • How to protect voters’ privacy in an era of micro-targeting: the need for law reform in Australia, with Moira Paterson, Digital Citizens Research Network, New Technologies: Rights, Responsibilities and Regulation, University of Melbourne (25 July 2019)
              • Regulating the Use of Voter Data by Political Actors and Parties: How to Balance Privacy and Democracy in an Era of Micro-Targeting, with Moira Paterson, Data-Driven Personalisation in Markets, Politics and Law, 1st Interdisciplinary Workshop: Critical Perspectives on Data Governance, University of Southampton/UK (28 June 2019)
              • Is Data Protection a Cultural Value? The Case of ‘Sensitive’ Data, with Megan Richardson, Amsterdam Privacy Conference (5 October 2018)
              • When is Personal Data ‘About’ or ‘Relating to’ an Individual? A Comparison of Australian, Canadian and EU Data Protection and Privacy Laws, Discussion Forum on Privacy and Governmental Transparency, Université Dauphine Paris, France (25 June 2018)
              • Freedom of political communication in an era of Big Data: Time to rethink the political exemption in the Australian Privacy Act, with Moira Paterson, Roundtable on Big Data, Privacy and the Political Process’, Monash Prato Centre, Italy (18 June 2018)
              • Freedom of political communication in an era of Big Data: Time to rethink the political exemption in the Privacy Act, with Moira Paterson, Centre for Media and Communications Law Conference, Melbourne Law School (6 April 2018)
              • The IoT for kids: How to protect the privacy of young persons in an interconnected world, Future of Law Conference, Singapore Management University School of Law (26 October 2017)
              • The privacy-related challenges facing medical research in an era of Big Data analytics (joint paper; presented by Moira Paterson), Data + Privacy Asia Pacific conference, Sydney (12 July 2017)
              • The privacy-related challenges facing medical research in an era of Big Data Analytics: A critical analysis of Australian legal and regulatory frameworks (with Moira Paterson), The Big Medical Data – Monash-TAU Joint Workshop, Tel Aviv University (7 December 2016)
              • The legal framework of commercial profiling: The Australian approach, Working Seminar on Commercial Profiling, Université Dauphine Paris (17 June 2016)
              • Protecting the privacy of children against media exposure, IPRIA/CMCL Conference, University of Melbourne (23 November 2015)
              • Schutz der Privatsphäre im Common Law – Ein Vergleich mit der Rechtslage nach europäischem Recht (Protection of privacy in the common law: A comparison with the legal position in Europe), Mainz Media Forum, University of Mainz/Germany (8 May 2015)
              • Protecting the privacy of children against media exposure, Obligations VII, University of Hong Kong (16 July 2014)
              • Protecting the privacy of children against media exposure, Seventh Annual Privacy Law Scholars Conference, The Seventh Annual Privacy Law Scholars Conference, The George Washington School of Law, Washington DC (6 June 2014)
              • Young People’s Right to Privacy – A Lost Cause?, University of Hong Kong, Law and Technology Centre (5 March 2014)
              • European legal integration: Processes, Difficulties, Achievements, Smart, Sustainable and Inclusive: Researching the EU from Australia and New Zealand, Australian National University, Canberra (10 September 2013)
              • Employee Accountability for Out-of-Hours Conduct – Privacy Implications and Australian Regulation, Privacy Discussion Forum, Johannes-Gutenberg-University, Mainz/Germany (17 June 2013)
              • Exemplary Damages for Invasions of Privacy, Eighth Remedies Discussion Forum, Monash University, Prato/Italy (13 June 2013)
              • Necessary deterrent or dangerous attack on press freedom? Exemplary Damages for Privacy Invasions, Obligations Group Lunch Time Seminar, Melbourne University (18 April 2013)
              • Interim Injunctions for Invasions of Privacy: Challenging the Rule in Bonnard v Perryman?, Obligations VI Conference, University of Western Ontario, London/Canada (18 July 2012)
              • Data Protection, Privacy and Media Convergence—Common Challenges and Suggested Reforms in Australia and the EU, Mainz Media Forum, Johannes-Gutenberg-University Mainz/Germany (podium discussion, with Moira Paterson, Sharon Rodrick and Udo Fink) (29 June 2012)
              • Medical Negligence in Cases of Wrongful Birth, Life and Conception: A Comparative Analysis, Presentation at the Faculty of Law, University of Florence/Italy (June 2012)
              • The ‘Rule against Prior Restraint’ in the Overlap of Privacy and Defamation Claims, Emerging Challenges in Privacy Law: EU and Australasian Perspectives Conference, Melbourne (23 February 2012)
              • How should an Australian statutory cause of action protecting privacy be framed?, Privacy Discussion Forum, Johannes-Gutenberg-University Mainz/Germany (23 June 2011)
              • Privacy Law and New Social Media: A Comparative Analysis, Mainz Media Forum, Johannes-Gutenberg-University Mainz/Germany (with David Lindsay) (17 June 2011)

                    SELECTED GRANTS, AWARDS AND CONSULTANCIES

                    • Office of the Australian Information Commissioner (2020)
                    • International Association of Privacy Professionals, Australia and New Zealand Chapter (iappANZ) (2019/20)
                    • Commonwealth of Australia, Attorney-General’s Department (2019)
                    • Australian Friends of Tel Aviv University – Monash University (2018/19 and 2015/16)
                    • Monash Infrastructure Interdisciplinary Research Seed Funding Scheme (2018)
                    • DAAD/G08 Australia-Germany Joint Research Co-operation Scheme (2011/12)
                    • Monash Faculty of Law Teaching Excellence Award (2010)