Katharine Kemp

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

Lecturer

Kensington, New South Wales 2052

Australia

SCHOLARLY PAPERS

31

DOWNLOADS
Rank 6,960

SSRN RANKINGS

Top 6,960

in Total Papers Downloads

9,750

SSRN CITATIONS

7

CROSSREF CITATIONS

1

Scholarly Papers (31)

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) - Faculty of Law & Justice
Downloads 1,664 (16,394)
Citation 2

Abstract:

Loading...

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
University of New South Wales, Faculty of Law and University of New South Wales (UNSW) - Faculty of Law & Justice
Downloads 1,605 (17,333)

Abstract:

Loading...

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) - Faculty of Law & Justice
Downloads 682 (58,539)

Abstract:

Loading...

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

4.

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
University of New South Wales, Faculty of Law and University of New South Wales (UNSW) - Faculty of Law & Justice
Downloads 667 (60,289)
Citation 3

Abstract:

Loading...

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

5.

'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) - Faculty of Law & Justice
Downloads 486 (89,728)

Abstract:

Loading...

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

6.

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) - Faculty of Law & Justice
Downloads 382 (118,735)

Abstract:

Loading...

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

7.

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) - Faculty of Law & Justice
Downloads 321 (143,675)

Abstract:

Loading...

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

8.

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) - Faculty of Law & Justice
Downloads 319 (144,628)

Abstract:

Loading...

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

9.

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) - Faculty of Law & Justice and University of New South Wales (UNSW) - Faculty of Law & Justice
Downloads 285 (162,752)
Citation 3

Abstract:

Loading...

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

10.

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) - Faculty of Law & Justice and University of New South Wales (UNSW) - Faculty of Law & Justice
Downloads 262 (177,355)

Abstract:

Loading...

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

11.

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) - Faculty of Law & Justice
Downloads 249 (186,522)

Abstract:

Loading...

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

12.

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) - Faculty of Law & Justice, University of New South Wales (UNSW), Faculty of Law, University of New South Wales (UNSW) - Faculty of Law & Justice, University of New South Wales (UNSW) - Faculty of Law & Justice, University of New South WalesUniversity of Newcastle - School of Geography, Politics and Sociology, University of New South Wales (UNSW) - Faculty of Law & Justice and University of New South Wales, Faculty of Law
Downloads 247 (188,012)

Abstract:

Loading...

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

13.

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) - Faculty of Law & Justice, University of New South Wales (UNSW) - Faculty of Law & Justice and University of New South Wales (UNSW) - Faculty of Law & Justice
Downloads 228 (203,096)

Abstract:

Loading...

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

14.

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
University of New South Wales, Faculty of Law and University of New South Wales (UNSW) - Faculty of Law & Justice
Downloads 202 (227,394)

Abstract:

Loading...

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

15.

'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) - Faculty of Law & Justice
Downloads 198 (231,458)

Abstract:

Loading...

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

16.

(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) - Faculty of Law & Justice and UNSW Business School
Downloads 186 (244,771)
Citation 1

Abstract:

Loading...

privacy; data protection; consent

17.

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
University of New South Wales, Faculty of Law and University of New South Wales (UNSW) - Faculty of Law & Justice
Downloads 184 (247,033)

Abstract:

Loading...

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

18.

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) - Faculty of Law & Justice
Downloads 173 (260,657)

Abstract:

Loading...

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

19.

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) - Faculty of Law & Justice
Downloads 160 (278,497)
Citation 1

Abstract:

Loading...

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

20.

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
University of New South Wales, Faculty of Law and University of New South Wales (UNSW) - Faculty of Law & Justice
Downloads 131 (326,771)

Abstract:

Loading...

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

21.

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) - Faculty of Law & Justice and University of New South Wales (UNSW) - Faculty of Law & Justice
Downloads 126 (336,323)

Abstract:

Loading...

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

22.

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) - Faculty of Law & Justice
Downloads 124 (340,314)

Abstract:

Loading...

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

23.

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) - Faculty of Law & Justice
Downloads 119 (350,680)

Abstract:

Loading...

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

24.

'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) - Faculty of Law & Justice
Downloads 117 (354,962)

Abstract:

Loading...

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

25.

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) - Faculty of Law & Justice and University of New South Wales, Faculty of Law
Downloads 107 (377,857)

Abstract:

Loading...

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

26.

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) - Faculty of Law & Justice
Downloads 106 (382,824)

Abstract:

Loading...

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

27.

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
University of New South Wales, Faculty of Law and University of New South Wales (UNSW) - Faculty of Law & Justice
Downloads 96 (406,373)

Abstract:

Loading...

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

28.

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
University of New South Wales, Faculty of Law and University of New South Wales (UNSW) - Faculty of Law & Justice
Downloads 95 (409,166)

Abstract:

Loading...

data protection, privacy, Australia, Discussion Paper, GDPR

29.

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) - Faculty of Law & Justice, University of New South Wales (UNSW) - Faculty of Law & Justice, University of New South Wales, Faculty of Law, University of New South Wales, Faculty of Law, University of New South Wales (UNSW) - Faculty of Law & Justice, University of New South Wales (UNSW) - Faculty of Law & Justice, UNSW Law & Justice, University of New South Wales (UNSW) - Faculty of Law & Justice and University of New South Wales (UNSW) - Faculty of Law & Justice
Downloads 88 (429,567)

Abstract:

Loading...

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

30.

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) - Faculty of Law & Justice
Downloads 71 (486,100)

Abstract:

Loading...

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

31.

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) - Faculty of Law & Justice and University of New South Wales, Faculty of Law
Downloads 70 (489,676)

Abstract:

Loading...

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