Katharine Kemp

University of New South Wales (UNSW) - UNSW Law & Justice

Associate Professor

Kensington, New South Wales 2052

Australia

SCHOLARLY PAPERS

34

DOWNLOADS
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Top 6,298

in Total Papers Downloads

12,616

SSRN CITATIONS

12

CROSSREF CITATIONS

1

Scholarly Papers (34)

1.

Concealed Data Practices and Competition Law: Why Privacy Matters

European Competition Journal (2020) https://doi.org/10.1080/17441056.2020.1839228 , UNSW Law Research Paper No. 19-53 (2019)
Number of pages: 46 Posted: 07 Aug 2019 Last Revised: 18 Nov 2020
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 1,877 (16,596)
Citation 2

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competition law, antitrust, privacy, consumer protection, concealed data practices, abuse of dominance, misuse of market power, privacy policies, data privacy regulation, data protection, online manipulation, digital platforms

2.

Australia’s ‘COVIDSafe App’: An Experiment in Surveillance, Trust and Law

(2020) University of New South Wales Law Research Series 999
Number of pages: 17 Posted: 30 Apr 2020 Last Revised: 18 May 2020
Graham Greenleaf and Katharine Kemp
Independent Scholar and University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 1,766 (18,310)

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privacy, data protecton, surveillance, coronavirus, Australia, contact tracing, COVID19

3.

How to Track Consumers Who Don’t Want to be Tracked: Examples from Australia’s Largest Media Companies and their Suppliers

Number of pages: 17 Posted: 24 Jun 2022
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 808 (56,836)

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Data privacy, anonymization, de-identification, personal information, PII, consumer protection, consent, concealed data practices

4.

Australia’s Forgotten Privacy Principle: Why Common ‘Enrichment’ of Customer Data for Profiling and Targeting is Unlawful

Number of pages: 23 Posted: 27 Sep 2022
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 785 (59,149)

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Data enrichment, privacy law, data brokers, personal data, consent, third party data

5.

Australia’s COVIDSafe Experiment, Phase III: Legislation for Trust in Contact Tracing

UNSW Law Research
Number of pages: 40 Posted: 17 May 2020
Graham Greenleaf and Katharine Kemp
Independent Scholar and University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 722 (66,100)
Citation 3

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privacy, data protection, coronavirus, COVID19, Australia, contact tracing, proximity, tracking, surveillance, app, trust

6.

'The Big Chill'? A Comparative Analysis of Effects-Based Tests for Misuse of Market Power

University of New South Wales Law Journal, Vol. 40, No. 2, 2017
Number of pages: 44 Posted: 31 May 2017
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 538 (95,847)

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misuse of market power, monopolisation, antitrust, competition law, unilateral conduct, effects test, effects-based test, exclusion, monopolization

7.

Uncovering the Roots of Australia's Misuse of Market Power Provision: Is It Time to Reconsider?

Australian Business Law Review, Vol 42, 329, 2014
Number of pages: 22 Posted: 04 Feb 2016
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 432 (124,736)

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Competition Law, Antitrust, Misuse of Market Power, Monopolization, History, Unilateral Conduct

8.

Misuse of Market Power in Australia and Abuse of Dominance in Canada: Two Legislated Effects Tests for Unilateral Conduct

(2018) 26 Australian Journal of Competition and Consumer Law 174, UNSW Law Research Paper No. 18-85
Number of pages: 20 Posted: 26 Nov 2018 Last Revised: 28 Nov 2018
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 362 (152,436)

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market power, anti-competitive conduct, competition, Australia, Canada, data, privacy

9.

Your Body, Our Data: Unfair and Unsafe Privacy Practices of Popular Fertility Apps

UNSW Law Research
Number of pages: 34 Posted: 31 Mar 2023
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 355 (155,705)

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Data privacy; consumer protection; sensitive data; health data; fertility apps; pregnancy; period tracking; ovulation

10.

Joint Submission to Treasury on the Open Banking Review Final Report

(2018) Submission to Treasury, Final Report of the Review into Open Banking in Australia, 9 February 2018, UNSW Law Research Paper No. 18-23
Number of pages: 21 Posted: 28 Mar 2018
Katharine Kemp and David Vaile
University of New South Wales (UNSW) - UNSW Law & Justice and University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 321 (173,582)
Citation 3

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open banking, open data, big data, data privacy, data security, privacy law, competition, consumer protection, financial consumer protection, digital financial services, fintech

11.

Resolution Powers Over E-Money Providers

UNSW Law Research Paper No. 17-49
Number of pages: 20 Posted: 19 Jul 2017 Last Revised: 13 Jul 2018
Katharine Kemp and Ross P. Buckley
University of New South Wales (UNSW) - UNSW Law & Justice and University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 317 (175,817)

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e-money, resolution powers, bank and non-bank issuers, telecommunications companies, collapse large providers, banks, financial distress, winding up, e-money regulation, emoney, telco, developing countries

12.

The Absence of Competition in the Privacy Terms of Online Marketplaces

Number of pages: 17 Posted: 17 Aug 2021 Last Revised: 24 Aug 2021
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 306 (182,467)

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data privacy; privacy law; antitrust; competition law; digital platforms; Amazon; eBay; consent; privacy policies; privacy notices

13.

(mis)Informed Consent in Australia

Report (UNSWorks) (2021), UNSW Law Research
Number of pages: 140 Posted: 04 Jun 2021 Last Revised: 21 Jun 2021
Kayleen Manwaring, Katharine Kemp and Rob Nicholls
UNSW Law & Justice, University of New South Wales (UNSW) - UNSW Law & Justice and University of Technology Sydney (UTS)
Downloads 296 (189,047)
Citation 1

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privacy; data protection; consent

14.

Australia’s Privacy Act Discussion Paper: ‘All that Is Solid Melts into Air’

(2022) 175 Privacy Laws & Business International Report 22-26
Number of pages: 8 Posted: 21 Apr 2022
Graham Greenleaf and Katharine Kemp
Independent Scholar and University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 292 (191,751)

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data protection, privacy, Australia, Discussion Paper, GDPR

15.

Australia’s Online Privacy Bill Targets Social Media Giants

(2021) 174 Privacy Laws & Business International Report 1, 5-9, UNSW Law Research Paper No. 21-84
Number of pages: 10 Posted: 09 Feb 2022
Graham Greenleaf and Katharine Kemp
Independent Scholar and University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 290 (193,155)

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Australia, Privacy Act 1988, platforms code, enforcement, OP Bill

16.

COVIDSafe App - Submission to the Parliamentary Joint Committee on Human Rights

UNSW Law Research
Number of pages: 7 Posted: 07 May 2020
University of New South Wales (UNSW) - UNSW Law & Justice, University of New South Wales (UNSW), Faculty of Law, University of New South Wales (UNSW) - UNSW Law & Justice, University of New South Wales (UNSW) - UNSW Law & Justice, University of New South WalesUniversity of Newcastle - School of Geography, Politics and Sociology, University of New South Wales (UNSW) - UNSW Law & Justice and Independent Scholar
Downloads 275 (203,919)

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COVIDSafe, contact tracing app, Australia, COVID-19, Covid 19, Coronavirus, Corona virus, apps, privacy, human rights, Bluetooth, Biosecurity, pandemic

17.

Restricted Banking Licences: An Opportunity to be Seized

(2018) 29(1) Journal of Banking and Finance Law and Practice 57, UNSW Law Research Paper No. 18-22
Number of pages: 13 Posted: 22 Mar 2018 Last Revised: 13 Jul 2018
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - UNSW Law & Justice, University of New South Wales (UNSW) - UNSW Law & Justice and University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 265 (211,647)

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Australian Prudential Regulation Authority, APRA, authorised deposit-taking institutions, ADI, authorized deposit-taking institutions, licensing regime, banking market

18.

'A Rose by Any Other Unique Identifier': Regulating Consumer Data Tracking and Anonymisation Claims

Competition Policy International TechReg Chronicle (August 2022) 21
Number of pages: 9 Posted: 18 Oct 2022
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 237 (236,265)

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Privacy law; consumer protection; competition; anonymisation; pseudonymisation; anonymous; data protection; misleading conduct; personal information; personally identifiable information; PII

19.

'Taking Advantage' of Substantial Market Power, and Other Profit-Focused Tests for Unilateral Anticompetitive Conduct

Monash University Law Review, Vol 41, 655, 2016
Number of pages: 41 Posted: 03 Apr 2016
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 218 (255,808)

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Antitrust, Monopolization, Single Firm Conduct, Unilateral Conduct, Misuse of Market Power, Abuse of Dominance, Taking Advantage, No Economic Sense, Profit Sacrifice

20.

A Third Way: Objective Anticompetitive Purpose

UNSW Law Research Paper No. 2016-22
Number of pages: 31 Posted: 24 Feb 2016 Last Revised: 24 Mar 2016
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 214 (260,293)

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Antitrust, competition law, misuse of market power, monopolization, monopolies, abuse of dominance, Australia

21.

Australia’s COVIDSafe Experiment, Phase II: A Draft Law for Surveillance and Trust

[2020] University of New South Wales Law Research Series
Number of pages: 32 Posted: 11 May 2020 Last Revised: 18 May 2020
Graham Greenleaf and Katharine Kemp
Independent Scholar and University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 209 (266,043)

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Australia, privacy, data protection, COVID19, COVIDSafe, coronavirus, surveillance, contact tracing, proximity

22.

Submission in Response to the Australian Competition and Consumer Commission Ad Tech Inquiry Issues Paper

Number of pages: 28 Posted: 18 May 2020
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 206 (269,586)
Citation 1

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Ad tech, antitrust, data privacy, behavioural advertising, targeted advertising, competition, adtech, consumer protection, programmatic advertising, real-time bidding, de-identification, re-identification, unique identifiers, anticompetitive, digital advertising

23.

Protecting Financial Consumer Data in Developing Countries: An Alternative to the Flawed Consent Model

(2017) Vol 18 (3) Georgetown Journal of International Affairs, 35-46 , UNSW Law Research Paper No. 18-57
Number of pages: 18 Posted: 24 Aug 2018
Katharine Kemp and Ross P. Buckley
University of New South Wales (UNSW) - UNSW Law & Justice and University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 159 (338,922)
Citation 1

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financial inclusion, developing countries, informed consent, digital data collection, consumer data protection, data protection

24.

COVID & Digital Surveillance: Common Legislative Protections for Proximity Apps, Attendance Tracking, and Status Certificates (Part II) (Presentation Slides)

UN Special Rapporteur on the Right to Privacy Session: ‘COVID-19 and Privacy in Asia, Australasia and Europe’ 23 June 2021 (Presentation)
Number of pages: 9 Posted: 30 Jun 2021
Graham Greenleaf and Katharine Kemp
Independent Scholar and University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 153 (349,994)

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COVID-19, data protection, privacy, proximity app, QR Code, Status Certificate, Vaccination We

25.

The Case Against 'French J's Arsonist'

Australian Business Law Review, Vol 43, 228, 2015
Number of pages: 18 Posted: 04 Feb 2016
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 151 (353,821)

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Competition Law, Antitrust, Misuse of Market Power, Monopolization, Plain Exclusion

26.

The South African Example: A Legislated Effects-Based Test and Efficiency Defence for Misuse of Market Power

UNSW Law Research Paper No. 2016-17
Number of pages: 12 Posted: 13 Feb 2016 Last Revised: 24 Mar 2016
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 150 (355,615)

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Unilateral anticompetitive conduct, monopolization, effects test, efficiency defence, competition law, South Africa

27.

Competition and Consumer Watchdog Spurs Australian Privacy Changes

(2020) 167 Privacy Laws & Business International Report 25-28 , UNSW Law Research
Number of pages: 7 Posted: 15 Dec 2020
Katharine Kemp and Graham Greenleaf
University of New South Wales (UNSW) - UNSW Law & Justice and Independent Scholar
Downloads 148 (359,533)

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Australia; data protection; privacy; competition; ACCC; OAIC; Google; Facebook

28.

Police Access to COVID Check-In Data Is An Affront to Our Privacy. We Need Stronger and More Consistent Rules in Place

The Conversation 7 September 2021, UNSW Law Research Paper No. 21-92
Number of pages: 4 Posted: 14 Sep 2021 Last Revised: 14 Apr 2022
Graham Greenleaf and Katharine Kemp
Independent Scholar and University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 143 (369,576)
Citation 5

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COVID-19, surveillance, privacy, data protection, QR codes, proximity tracking, status certificates, home quarantine

29.

A Unifying Standard for Monopolization: 'Objective Anticompetitive Purpose'

Houston Journal of International Law, Forthcoming
Number of pages: 83 Posted: 26 Mar 2017
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 142 (371,637)

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Antitrust, Monopolization, Abuse of dominance, Misuse of market power, Profit sacrifice tests, Profit-focused test, Effects-based tests, Purpose

30.

Response to Issues Paper on Data Sharing and Release

UNSW Law Research Paper No. 19-13
Number of pages: 5 Posted: 14 Mar 2019
University of New South Wales (UNSW) - UNSW Law & Justice, University of New South Wales (UNSW) - UNSW Law & Justice, University of New South Wales, Faculty of Law, Independent Scholar, University of New South Wales (UNSW) - UNSW Law & Justice, University of New South Wales (UNSW) - UNSW Law & Justice, UNSW Law & Justice, University of New South Wales (UNSW) - UNSW Law & Justice and University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 119 (425,559)

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Response to Issues Paper on Data Sharing and Release, Data Sharing and Release, Australia, Law, data, ethics, privacy

31.

Ignoring Privacy Practices Would Distort Data Broker Issues (Submission on Digital Platform Services Inquiry - March 2024 Report on Data Brokers - Issues Paper)

UNSW Law Research Paper No. 23-51
Number of pages: 9 Posted: 18 Sep 2023
Katharine Kemp and Graham Greenleaf
University of New South Wales (UNSW) - UNSW Law & Justice and Independent Scholar
Downloads 111 (448,285)

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Data brokers, antitrust, competition law, consumer data privacy, consumer protection, anonymisation

32.

COVID Digital Surveillance: Common Legislative Protections for Proximity Apps, Attendance Tracking, and Status Certificates (Part I) (Presentation Slides)

UN Special Rapporteur on the Right to Privacy Session: ‘COVID-19 and Privacy in Asia, Australasia and Europe’ 23 June 2021 (Presentation)
Number of pages: 8 Posted: 06 Jul 2021
Katharine Kemp and Graham Greenleaf
University of New South Wales (UNSW) - UNSW Law & Justice and Independent Scholar
Downloads 100 (482,867)

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COVID-19, Australia, privacy, data protection, proximity tracking, attendance tracking, status certificates

33.

Australia’s Draft News Media Bargaining Code

Competition Law International, Vol 16, No 2, December 2020
Number of pages: 24 Posted: 19 Aug 2021
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 96 (496,005)

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Antitrust; Digital platforms; Competition law; Media law; Media bargaining; Advertising; Google; Facebook; Baseball arbitration; Australian competition law; tech giants

34.

Ending the Fictions in Modern Data Practices: Submission in Response to the Privacy Act Review Report

Number of pages: 16 Posted: 03 Aug 2023
Katharine Kemp
University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 53 (692,630)

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Privacy law; data protection; behavioural advertising; targeted advertising; anonymisation; personal information; consent; profiling; fair and reasonable test; law reform; Privacy Act Review; direct marketing; consumer data; digital manipulation