Course Information
Privacy may be the most mentioned and debated topic in relation to new technologies. An emerging body of academic work analyses how digital technologies have an impact on privacy and related values, such as autonomy, dignity, accountability and transparency. By studying the theoretical framework of privacy and data protection laws vis-à-vis the practical implications of the application of these, this course provides in-depth knowledge of how the right to privacy and the right to personal data protection are influenced by technological, social, and economic developments.
This course will focus on the intricate difficulties of regulating privacy and data protection rights in the era of online social networking and artificial intelligence (AI). What do these rights entail and how is technology changing them? How are they important, and can they still be adequately guaranteed through law or other regulatory instruments? How are law and policy in these areas developing and how effective will they be? Special attention will be paid to the General Data Protection Regulation and the debate about new instruments and concepts developed in that context. Concepts to be discussed are, e.g., the definition of personal data and special data, the (im)possibilities of a ‘right-to-be-forgotten’, ‘data-portability requirements’, and restrictions on automated decision-making and profiling. Tools to be discussed are privacy or data protection impact assessments (PIA/DPIA) and ‘privacy by design and by default’
Course objectives
This course aims to provide students with an understanding of the right to privacy, as well as the associated right to data protection, and how they apply in the age of the internet. Regulations, such as the General Data Protection Regulation, that give effect to these rights are examined in detail, as are the challenges posed by ongoing technological developments.
Achievement levels
The following achievement levels apply with regard to the course:
Knowledge and comprehension: At the end of this course, students will be able to outline the development of data protection law in the European Union; discuss the difficulties in regulating the right in the digital age; and identify the relevant provisions in important legislation in relation to data protection issues.
Application: At the end of this course, students will be able to apply EU data protection law to novel or emerging issues; present and discuss CJEU decisions on data protection matters; and form legal arguments in cases relating to such matters.
Analysis: At the end of this course, students will be able to critically evaluate the approach taken by the EU in regulating the rights to privacy and data protection; critically assess important CJEU decisions and anticipate future implications; and weigh competing interests when confronted with privacy and data protection cases that involve other rights and interests.
Presentation: At the end of this course, students will be able to make oral presentations and write papers on the privacy and data protection issues covered.
Mode of instruction
The seminars are interactive sessions based on the Socratic method, and students are expected to actively participate in discussions. There is also a workshop where students work together in groups to analyze a case, which is then presented to the rest of the class and discussed. Finally, students will conduct research for the case annotation written assignment.
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
Written assignment (50%)
Written exam (50%)
A (rounded) final grade of 6.0, with no assessment below 5.5 is needed in order to pass the course.
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 Alan M Sears
a.m.sears@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.