FUNDAMENTAL RIGHTS AND PRIVACY

The course aims to teach the student the impact of fundamental rights on inter-subjective relationships and more generally on the legal order. The study will cover the sources from which these rights derive, the relationship between them, the meanings attributed to the various rights. Particular attention will be paid to the fundamental right to the protection of personal data and the discipline of data processing. The study will be addressed in a problematic key, also analyzing some of the most significant jurisprudential pronouncements on the subject.

1. Knowledge and understanding
1.1 Knowledge of the multi-level regulatory system (national, supranational and international) that constitutes the legal status of fundamental rights.
1.2 Knowledge of the procedures and instruments for protecting the processing of personal data.
1.3 Understand the role that fundamental rights, including the right to the protection of personal data, play in the governance of relations between people.

2. Ability to apply knowledge and understanding
2.1 Knowing how to classify the various situations in which fundamental rights have been violated within the relevant legal framework.
2.2 Know how to identify the individual legal rules or the various sets of rules intended to govern specific cases and the competent judicial authority.
2.3 Knowledge of the legal instruments for the protection of fundamental rights, and which of them can be used to resolve the individual conflict and/or regulate the individual relationship.

3. Ability to make judgements
3.1 Interpretation of regulatory texts
3.2 Identify, distinguish and relate principles and standards from the various multi-level sources.
3.3 When faced with conflict situations or relationships that need to be regulated, be able to identify which individual legal rules or sets of rules can be used as parameters of judgement and management tools.

None prerequisite is required.

- The sources of fundamental rights.
- The Europe of rights.
- Democracy and fundamental rights
- From subject to person.
- Dignity, identity, truth, existence.
- Self-determination
- Technology and rights
- The right to the protection of personal data
- Market and personal data
- The basis for legitimising the processing of personal data.

V. Zagrebelsky, R. Chenal, L. Tomasi, Manuale dei diritti fondamentali in Europa, II ed., Il Mulino, Bologna 2029, from page 1 to page 160.

Stefano Rodotà, Il diritto di avere diritti, Laterza, Roma-Bari, 2013, Chapters II (Lo spazio dell'Europa); V (Dal soggetto alla persona); VI (Homo dignus); VIII (Il diritto alla verità); XII (Uomini e macchine).

Other text uploaded to the course moodle page.

The verification consists of a written test: two questions are proposed on the subject .

The course mainly follows a conventional teaching approach combined with in-depth seminar activities on specific topics and group work.

Italian

Ca' Foscari applies the Italian Law (Law 17/1999; Law 170/2010) for support and accommodation services available to students with disabilities or with specific learning disorders. If you have a motor, visual, hearing or other disability (Law 17/1999) or a specific learning disorder (Law 170/2010) and require support (classroom assistance, technological aids for carrying out exams or individualized exams, material in accessible format, note recovery, specialist tutoring to support the study, interpreters or other) contact the Disability Office and DSA disabilita@unive.it.

written

This subject deals with topics related to the macro-area "Poverty and inequalities" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development