DATA PROTECTION REGULATION

The goal of the course is to provide students with specific knowledge about data protection, in particular from the European perspective of digital market regulation. The course aims at introducing the concept of ‘data’ and ‘information’ from a juridical perspective 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 analysing the evolution in its regulation starting from the right to privacy and to personal identity. Principles and rules based on Council of Europe Convention 108(+) and on EU instruments - including the General Data Protection Regulation (GDPR) - will be studied, 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, Neuromarketing, Privacy Enhancing Technologies (PETs).

1. Knowledge and understanding
1.1 Understand the importance of data protection and its role in preserving the fundamental rights and freedoms 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 regulation of digital markets, balancing other fundamental values and ensuring the free movement 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 the protection of the rights of individuals, as well as consumers.

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, using appropriate juridical terminology.
4.2 Ability to interact with data protection issues.
4.3 Ability to develop critical opinions.

No prerequisites are required.

• Information, technologies, data
• Privacy, data protection and fundamental rights
• Law and market within the circulation of personal data
• General Data Protection Regulation (GDPR) and evolution of the legislation on the protection and free movement of personal data
• Personal data and non-personal data
• General principles relating to the processing of personal data
• Data controller, data processor, data subject
• Lawfulness of processing
• Data subject's rights
• Accountability, responsibility and data management
• AI & facial recognition technologies
• Neuromarketing
• Privacy Enhancing Technologies (PETs)

Attending students (at least 11/15 lessons):

1. The course will be accompanied by other materials (e.g. journal articles, audiovisual, slides) that will be uploaded to Moodle during the course. For more details, 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 Chapter 1-4; 6.

2. It is essential to read carefully the relevant articles and recitals of the General Data Protection Regulation (GDPR) which can be downloaded here (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0679 )

3. One of the following books has to be studied (ESSAY BOOK):
Clarissa Véliz, Privacy is power. Why and how you should take back control of your data, Corgi, 2021
OR IN ALTERNATIVE

- Neil Richards, Why privacy matters, Oxford University Press, 2022

Non-attending students:
1. 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.

2. It is essential to read carefully the relevant articles and recitals of the General Data Protection Regulation (GDPR) which can be downloaded here (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0679 )

3. One of the following books has to be studied (ESSAY BOOK):
Clarissa Véliz, Privacy is power. Why and how you should take back control of your data, Corgi, 2021
OR IN ALTERNATIVE

- Neil Richards, Why privacy matters, Oxford University Press, 2022

Written exam with 3 open-ended questions (one out of 3 questions is about chosen ESSAY BOOK)

For attending students only during the course there will take place activities (e.g. moot court, workshop) on specific areas of digital law (e.g. right to be forgotten, blockchain, metaverse, etc.) that will be considered as part of the final exam (up to +3 bonus points max.).

The course is mainly structured into several frontal lessons. Seminars will also be organized.

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 considered as part of the final exam only for the students who will take part in the aforementioned activities (up to +3 bonus points).

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.

written

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