Dr Krzysztof Garstka

LLB (University of York); LLM (University of Edinburgh); PhD (University of Nottingham)

Research Associate

Krzysztof is a CIPIL Associate who was engaged with Dr David Erdos in certain aspects of the Human Rights, Big Data & Technology project (HRBDT). He was formerly Information Governance Research Associate within CIPIL and also the HRBDT.

Krzysztof's research interests lie primarily in the field of information technology law, with particular interest in online content regulation, copyright law and data protection law. In 2016, he successfully defended his PhD thesis at the University of Nottingham, entitled S(h)ifting the Cyberspace - Searching for effectiveness and human rights balance in the realm of online enforcement schemes aimed at digital content infringing copyright, trademarks, privacy or reputation. This doctoral project was focused on finding the most adequate set of pan-European legal tools aimed at the removal of access to online content infringing copyright, trademarks, privacy or reputation. In this work, Krzysztof analysed the vast landscape of online enforcement strategies, with particular attention given to their actual effectiveness and the interplay between the human rights involved. On this basis, he put forward a set of proposals aimed at the reform of the corresponding EU laws, most notably those regulating the role of intermediaries in the online enforcement struggle.

Krzysztof's work has been published in leading journals such as International Review of Intellectual Property and Competition Law, European Intellectual Property Review and European Journal of Law and Technology. He is also a regular speaker on IP and IT law conferences and workshops taking place throughout the EU and beyond.

Since 2018, Krzysztof is a Lecturer with the British Law Centre, teaching a wide variety of subjects (such as intellectual property law, tort law, or contract law) throughout Central and Eastern Europe.

Key publications

2019

Garstka K, ‘Guiding the Blind Bloodhounds: How to Mitigate the Risks art. 17 of Directive 2019/790 Poses to the Freedom of Expression’ (forthcoming) chapter in Intellectual Property and Human Rights (4th ed), Paul Torremans (ed), Wolters Kluwer Law & Business

Erdos D and Garstka K, ‘The 'Right to be Forgotten' Online within G20 Statutory Data Protection Frameworks’ (2019) University of Cambridge Faculty of Law Research Paper No. 31/2019

Garstka K and Polański P, ‘Notice and search-down injunctions in online copyright enforcement: should they be embraced or forgotten?’ (2019) E.I.P.R 41(3), 155-162.

2018

Garstka K, ‘Between Public Security and Data Protection: Legality of Predictive Big Data Surveillance within the EU Data Protection Framework’ (2018) [HRBDT project report, available at hrbdt.ac.uk]

Jacques S, Garstka K, Hviid M, and Street J, ‘Automated anti-piracy systems as copyright enforcement mechanism: a need to consider cultural diversity’ (2018) E.I.P.R 40(4), 218-229.

Jacques S, Garstka K, Hviid M, and Street J, ‘An empirical study on the use of automated anti-piracy systems and the consequences for cultural diversity’ (2018) SCRIPTed 15:4.

2017

Garstka K and Erdos D, ‘Hiding in Plain Sight: Right to be Forgotten and Search Engines in the Context of International Data Protection Frameworks’ (2017) in Platform Regulations: How Platforms Are Regulated and How They Regulate Us, Belli N and Zingales N (eds) (FGV Direito Rio) (available in open access at http://bibliotecadigital.fgv.br/dspace/handle/10438/19402) [Book chapter].

Garstka K, ‘From Cyberpunk to Regulation – Digitised Memories as Personal and Sensitive Data within the EU Data Protection Law.’ (2017) Journal of Intellectual Property, Information Technology and Electronic Commerce Law (JIPITEC), Vol. 8(4).

2016

Garstka K, ‘Looking above and beyond the blunt expectation: specified request as the recommended approach to intermediary liability in cyberspace.’ (2016) European Journal of Law and Technology 3/2016.

2012

Garstka K, ‘The Amended Digital Economy Act 2010 as an Unsuccessful Attempt to Solve the Stand-Alone Complex of Online Piracy’ (2012) IIC 43(2), 158-174.