Course Information
The course critically examines the interaction and conflict between fundamental rights and digital technologies. While tech, and our relationship with it, is always evolving, fundamental rights tend to remain static. Or do they? Courts and regulators must resolve not only the conflict between technology and fundamental rights but the conflict between competing rights.
Over the five weeks of the course, we will focus on several areas of interest: state surveillance; Ambient Computing and the Internet of Things; AdTech and algorithmic profiling; algorithmic discrimination; the challenges of regulating content and free expression in a digital world. This course will focus on both constitutional principles, fundamental and human rights, and the challenges facing digital technologies in today’s world.
The following topics are likely to be covered (but subject to change):
Introduction to Fundamental Rights as applied to digital technologies
Frameworks for the protection of digital rights
Privacy, Data protection, and Surveillance in Digital Technologies
Algorithmic Profiling and Targeted Advertising
Artificial Intelligence and Fundamental Rights (non-discrimination, freedom of though, etc.)
How to “assess the impact” on fundamental rights for digital technologies
Human vulnerabilities and fundamental rights in digital technologies
The challenge of new fundamental rights
We will focus mostly on the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights and case law from the European Court of Human Rights and the Court Justice of the European Union
Course objectives
The course is designed to teach students how to research, understand, and deploy authority from a variety of legal regimes. Each topic is unique and chosen to enhance students’ learning experience by building on the multi-jurisdictional and any inter-disciplinary perspectives they have developed so far and develop skills in the art of academic research. The class is characterized by a legal and positivistic approach.
Academic skills developed include:
To explain clear and substantiated research results
To provide an answer to questions concerning (a subject) in the field covered by the course
To actively participate in a discussion following the presentation
To be socio-communicative in collaborative situations
To provide and receive constructive criticism, and incorporate justified criticism by revising one’s own position
To adhere to agreed schedules and priorities.
Basic research skills:
To collect and select academic and literature using traditional and digital methods and techniques
To understand how to use legal authority and precedent properly.
To analyze and assess literature with critical eye as to its quality and reliability
To design under supervision a research plan of limited scope, and implement it using the methods and techniques that are appropriate within the discipline involved.
To formulate a substantiated conclusion
Achievement levels
Knowledge and comprehension: At the end of this course, students will be able to outline the major issues about the protection of Fundamental Rights regarding the use of digital technologies; discuss the main legal developments regarding the regulation of new digital technologies and the protection of fundamental rights in the European Union.
Application: At the end of this course, students will be able to apply advanced knowledge of Fundamental Rights protection related to digital technologies to specific cases, especially looking at new technological business models.
Analysis: At the end of this course, students will be motivated to place day-to-day policy developments relating to the EU and digital technologies in a legal context and to reflect critically on such developments.
Presentation: At the end of this course, the students will be able to make oral presentations and write papers on the issues covered.
Mode of instruction
Lectures based on the flipped classrooms model, i.e., preliminary readings and question and answer model, with active participation of the students and co-learning activities, including moot courts and discussion groups
Course Requirement
Master Degree
Timetable
The timetable of this course will be available for students in MyTimetable
Brightspace
More information on this course is offered in Brightspace
Attendance
Attendance is mandatory as specified in Article 5.1 of the Course and Examination Regulations of the Master of Laws Advanced Studies Programmes
Examination Method
Group essay and presentation 50%
Final exam 50%
Required reading list
See Brightspace
Contact information
Programme Coordinator
Ms Patricia Garcia Fernandez
Telephone number: 0031- 71 527 4228
E-mail: lawanddigitaltechnologies@law.leidenuniv.nl
Course Coordinator
Dr Gianclaudio Malgieri
g.malgieri@law.leidenuniv.nl>
“Disclaimer:
Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2024 may only be done with the approval and consent of the Faculty Board and Programme Director.