DATA PROTECTION REGULATION

The goal of the course is to provide students with specific knowledge of data protection law, in particular from the European perspective of digital market regulation. The course aims at introducing the concept of ‘data’ and ‘information’ and their importance in the digital economy and modern society. The course will highlight the role of data protection with respect to fundamental rights and principles of individuals, also by analysing the evolution in its regulation starting from the right to privacy. Principles and rules based on Council of Europe Convention 108(+) and on EU instruments - including the General Data Protection Regulation (GDPR) - will be studied in detail, as well as the decisions of the International Courts and the supervisory authority of single States. Attention will be given to modern challenges, such as AI and facial recognition systems, Big Data and surveillance capitalism, Privacy Enhancing Technologies (PETs).

1. Knowledge and understanding
1.1 Understand the importance of data protection and its role in preserving the fundamental rights of the individual.
1.2 Knowledge of the multi-level regulatory system that governs the processing of personal data.
1.3 Understand the role that data protection law plays in the governance of digital markets, balancing other fundamental values and ensuring the free flow of data.

2. Applying knowledge and understanding
2.1 Analyze and critically evaluate the solutions offered by data protection law.
2.2 Identify the influence of information and communication technologies on the processing of personal data.
2.3 Understand the connection between data protection, the proper functioning of digital markets and consumer protection.

3. Making judgements
3.1 Capacity to interpret legislative texts.
3.2 Capacity to identify, distinguish and consider principles and rules relating to the processing of personal data.
3.3 Provide a solution for cases involving the processing of personal data.

4. Communication skills
4.1 Proper reporting of the specific features of data protection law.
4.2 Ability to interact with data protection issues.
4.3 Ability to develop critical opinions.

No prerequisites are required.

• Privacy, data protection and fundamental rights
• General Data Protection Regulation (GDPR) and evolution of the legislation on the protection and free movement of personal data
• Personal data, anonymous data, non-personal data
• Principles relating to processing of personal data
• Data controller, data processor, data subject
• Lawfulness of processing
• Rights of the data subject
• Accountability, liability and data management
• AI & facial recognition
• Big Data, 'surveillance capitalism'
• Privacy Enhancing Technologies (PETs)

Both atteding students and not-attending students have to study the following materials:

- 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 ) limited to Chapter 1-4; 6.

- Clarissa Véliz, Privacy is power. Why and how you should take back control of your data, Corgi, 2021

- General Data Protection Regulation (GDPR) which can be downloaded from the following website: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0679

The course will be accompanied by other materials (e.g. journal articles, audiovisual, slides) that will be uploaded to Moodle during the course.

Written exam with 3 open-ended questions.

For attending students only, during the course there will take place activities (e.g. workshop, moot court) that will be considered as part of the final exam. Hence, the final written exam will contain only 2 instead of 3 open-ended questions.

written

The course is mainly structured in several frontal lessons. The students will be invited to discuss and expose case law in groups (es. moot court, workshop, etc.). The results of those activities will be consdidered as part of the final exam only for the students who will take part to the aforementioned activities.

English

Accessibility, Disability and Inclusion
Accommodation and support services for students with disabilities and students with specific learning impairments

Ca' Foscari abides by Italian Law (Law 17/1999; Law 170/2010) regarding support services and accommodation available to students with disabilities. This includes students with mobility, visual, hearing and other disabilities (Law 17/1999), and specific learning impairments (Law 170/2010). If you have a disability or impairment that requires accommodations (i.e., alternate testing, readers, note takers or interpreters) please contact the Disability and Accessibility Offices in Student Services: 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