| CODE | MCT4008 | ||||||||
| TITLE | Privacy and Data Protection Law | ||||||||
| UM LEVEL | 04 - Years 4, 5 in Modular UG or PG Cert Course | ||||||||
| MQF LEVEL | 6 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | Media, Communications & Technology Law | ||||||||
| DESCRIPTION | The study-unit is concerned with the regulatory framework for upholding privacy and data protection rights and related interests in the face of data processing activities, whether carried out by the public (government) or the private (commercial) sector, which may impact individual as well as societal interests, such as the interest of individual autonomy and the democratic fabric of society. The study-unit thus focuses on the legal rules on data protection 鈥� i.e. a set of norms which specifically govern the processing of data relating to persons (personal data) in order to protect, at least partly, the privacy and related interests of those persons. Outside Europe, such norms are often described in terms of protecting 鈥減rivacy鈥�, 鈥渋nformational privacy鈥�, or increasingly, 鈥渄ata privacy鈥�. The main focus of the study-unit is on European and international rules, primarily the European Convention on Human Rights and Fundamental Freedoms (ECHR) Article 8, the EU Charter of Fundamental Rights (ECFR) Articles 7 and 8, the EU General Data Protection Regulation (Regulation (EU) 2016/679), the EU Law Enforcement Directive (Directive (EU) 2016/680), and the EU ePrivacy Directive (Directive 2002/58/EC), along with case law pursuant to these instruments. Throughout the study-unit consideration is given to international, European and national law and policy developments on privacy and data protection. Comparative aspects will be introduced in places, and readings will include materials drawn from, amongst others, UK and US law books and journals. Study-Unit Aims: The primary aim of the study-unit is to facilitate a good understanding of European law and policy on privacy and data protection, including the reasons for and purpose of such laws and policies, and how they set out to achieve their goals, i.e. the underlying regulatory logic. The subject-matter is considered particularly in the context of digital networks such as the Internet. Furthermore, the study-unit seeks to illuminate the various challenges that privacy and data protection law and policy face as a result of technological developments. The study-unit seeks to also reflect on legal-regulatory issues related to freedom of expression, the increasing use of automated decision-making processes, including profiling, the increasingly cross-border character of data processing activities, and the interaction of legal norms with the regulatory effects of IT and other regulatory modalities, such as sectoral codes of practice. Further, study-unit participants will learn about the potential for technological development to both threaten and enhance privacy and data protection. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - Explain the rationale for legal protection of privacy and personal data. - Explain the regulatory logic of data protection legislation. - Analyse the legal framework for privacy and data protection in the European Union (EU) and European Economic Area (EEA). - Explore the interaction of data protection law with other fields of law, such as human rights law and intellectual property law. - Describe aspects of the data protection laws in certain non-European jurisdictions, particularly the USA. - Discuss the ways in which digital networks such as the Internet, along with other forms of information and communication technology (ICT), challenge the application and enforcement of law on protection of personal data. -Discuss the challenges in arriving at global consensus on legal policies for data protection. - Identify relevant alternative regulatory sources, guidelines and codes of practice. 2. Skills: By the end of the study-unit the student will be able to: - Review, interpret and apply legal rules in relation to the protection of personal data. - Discuss the efficacy of data protection law in the digital environment. - Discuss the rationale, regulatory strategy and limits of law on the protection of personal data. - Explore the assumptions upon which the law is based, and discuss alternative regulatory possibilities. - Discuss the place of data protection law in the broader legal landscape. - Use key on-line and off-line IT legal resources. - Undertake critical analysis of legal material. Main Text/s and any supplementary readings: Main Texts: - Bygrave, Lee A. Data Privacy Law: An International Perspective. Oxford: Oxford University Press, 2014. Print. ISBN-13: 9780199675555. Available at Law and Theology Library - Lynskey, Orla. The Foundations of EU Data Protection Law. Oxford: Oxford University Press, 2015. Print. ISBN: 9780198718239 Available at library as an e-book - Koops, Bert-Jaap. 'The trouble with European data protection law', International Data Privacy Law, 2014, vol. 4, pp. 250-261 Supplementary Readings: - Kuner C, Lee A. Bygrave, Christopher Docksey, and Laura Drechsler (Des) The EU General Data Protection Regulation (GDPR): A Commentary (OUP 2020) - Bygrave L, 鈥淢inding the Machine v2.0: The EU General Data Protection Regulation and Automated Decision Making鈥� in Yeung & Lodge (eds.), Algorithmic Regulation (OUP 2019), pp. 246鈥�260 - Bygrave L, 鈥淢achine Learning, Cognitive Sovereignty and Data Protection Rights with Respect to Automated Decisions鈥� in M. Ienca and others (eds.), The Cambridge Handbook of Life Science, 福利在线免费 Technology and Human Rights (Cambridge University Press, 2021), forthcoming (available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3721118) - Zuboff S, The Age of Surveillance Capitalism (Public Affairs 2019) ISBN-13: 9781610395694 - The area of 福利在线免费 Technology Law is a fast moving one. As such, it can be difficult to find textbooks which are up-to-date with current developments, as textbooks can often be 12 months behind current developments even at the time of their publication. Journal articles are often the best source of more recent information, and have the added advantage of often being available electronically via the WWW. Primary materials, such as legislation and caselaw, as well as other useful secondary material are also often published on-line and, as a result, learning how to search Internet resources effectively is an increasingly important skill. There are a wide range of websites relevant to the course. As 福利在线免费 Technology law is a rapidly developing area, the law is often challenged to respond to the many advances in technology. It is therefore important to keep abreast of developments. |
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| STUDY-UNIT TYPE | Lecture and Independent Study | ||||||||
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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