DATA PROTECTION REGULATIONS

The teaching aims to introduce the concepts of ‘data’ and ‘information’ from a legal perspective, as well as their importance in the digital economy and in modern society.
The course intends to highlight the role of personal data protection for the safeguarding of the fundamental rights of the individual, also analyzing the evolution of the regulatory framework starting from the right to privacy and to personal identity. The principles and rules contained in the General Data Protection Regulation (GDPR) of the European Union will be studied, as well as the most important decisions of international courts and of the supervisory authorities of individual States.
The main objective of the course is to provide students with specific knowledge of personal data protection, particularly in the European perspective of the regulation of digital markets. Particular attention will also be paid to the major challenges of contemporary reality, such as the irruption of Artificial Intelligence, the so-called neuro-marketing, privacy-enhancing technologies (PETs), etc.

1 Knowledge and understanding
1.1 Understand the importance of personal data protection and its role in safeguarding the fundamental rights and freedoms of the individual.
1.2 Know the multi-level regulatory system governing personal data protection.
1.3 Understand the role that personal data protection plays in the regulation of digital markets, balancing other fundamental values and ensuring the free circulation of data.

2 Ability to apply knowledge and understanding
2.1 Analyze and critically evaluate the solutions offered by data protection law.
2.2 Identify the influences of information and communication technologies on personal data protection.
2.3 Understand the connections between personal data protection, the proper functioning of digital markets, and the protection of the rights of consumers and individuals.

3Judgment skills
3.1 Properly interpret legal texts.
3.2 Identify, distinguish, and relate principles and rules belonging to personal data protection.
3.3 Provide a solution for cases involving the processing of personal data.

4Communication skills
4.1 Be able to communicate the specific features of personal data protection, using technical-legal terminology.
4.2 Be able to engage with the problems generated by the processing of personal data.
4.3 Be able to develop critical opinions.

Prerequisites
No prerequisites required.

• Information, technologies, data
• Privacy, personal data protection and fundamental rights
• Law and market in the circulation of personal data
• General Data Protection Regulation (GDPR)
• Personal data and non-personal data
• General principles of personal data processing
• Controller and processor
• Conditions of lawfulness of processing
• Cookies
• Data subject’s rights
• Accountability, liability and risk management tools
• Neuromarketing
• Privacy Enhancing Technologies (PETs)

The course will be accompanied by

- a careful reading of the relevant provisions of the General Data Protection Regulation (GDPR), which can be downloaded at the following link: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0679 ; this constitutes the primary source of preparation.
- reading and studying the most important passages of one of the following books of choice (ESSAY BOOK chosen by the student):
a) Clarissa Véliz, Privacy is power. Why and how you should take back control of your data, Corgi, 2021 OR ALTERNATIVELY
b) Neil Richards, Why privacy matters, Oxford University Press, 2022.

- some materials (e.g., journal articles, videos, slides) that will be uploaded on Moodle during the course. For further insights, one can also read the (free) e-book European Union Agency for Fundamental Rights and Council of Europe, Handbook on European data protection law (2018 edition), Publications Office of the European Union, 2018 (https://fra.europa.eu/sites/default/files/fra_uploads/fra-coe-edps-2018-handbook-data-protection_en.pdf ), especially Chapters 1-4; 6.

N.B. the references to Convention 108+ contained in the e-book are not part of the required study.

The exam will be written with 4 open-ended questions (one of the questions concerns the ESSAY BOOK chosen by the student). The maximum duration of the exam is 1 hour and 15 minutes.

For attending students, activities will be organized during the course (e.g., moot court, workshop) on certain specific topics (e.g., right to be forgotten, blockchain, etc.), which may constitute part of the final evaluation.

written

The grading of the exam is determined by:
- knowledge and understanding of the topics covered in the exam (range 10 points);
- ability for analytical in-depth study of the topics covered in the exam (range 8 points);
- ability to clearly identify and relate legal provisions (range 6 points);
- clarity and logical consistency of the written exposition (range 6 points).

The course mainly follows a conventional teaching approach with frontal lectures. Seminars on specific topics may also be organized.

Students will be invited to discuss and present practical cases in groups (e.g., moot court, workshop, etc.). The results of such activities, for those students who take part in them, may constitute part of the final assessment of the examination.

Accessibility, Disability and Inclusion

Accommodations and Support Services for students with disabilities or specific learning disorders

Ca’ Foscari applies Italian law (Law 17/1999; Law 170/2010) regarding support services and accommodations available to students with disabilities or specific learning disorders. If you have a motor, visual, or hearing disability, or other disabilities (Law 17/1999), or a specific learning disorder (Law 170/2010), and you require support (classroom assistance, technological aids for taking exams or individualized exams, accessible-format materials, note-taking services, specialized tutoring support for studying, interpreters, or other services), please contact the Disability and SLD Office: disabilita@unive.it

This subject deals with topics related to the macro-area "Circular economy, innovation, work" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development