DATA PROTECTION REGULATION

The course is one of the core educational activities of the degree programme in Data Analytics for Business and Society. The course aims at introducing the concept of ‘data’ and ‘information’ from a legal perspective and its 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, analysing the evolution in its discipline arising from the right to privacy and to personal identity. Principles and rules based on the EU legal framework - especially the General Data Protection Regulation (GDPR) - will be studied in detail, as well as the most important decisions of the International Courts and the supervisory authorities of single EU States.
The main 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. Attention will be given to modern challenges, such as AI, Neuromarketing, Privacy Enhancing Technologies (PETs), etc.

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
• Cookie law
• Data subject's rights
• Accountability, responsibility and data management
• Neuromarketing
• Privacy Enhancing Technologies (PETs)

Attending students (at least 11/15 lessons):

1. The course will be accompanied by MATERIALS (e.g. journal articles, audiovisual, slides) that will be uploaded to Moodle during the course. For more details, it is suggested to 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.

N.B. The Convention 108+ contained in the e-book is not part of the course programme. Any reference to it could be skipped.

2. It is essential at least to read carefully the relevant articles 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. Choose and study the main arguments of one of the following books (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.

N.B. The Convention 108+ contained in the e-book is not part of the course programme. Any reference to it could be skipped.

2. It is essential at least to read carefully the relevant articles 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. Choose and study the main arguments of one of the following books (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

P.S. for non-attending students other materials (e.g. journal articles, audiovisual, slides) uploaded to Moodle during the course are not to be studied but could be helpful for a better understanding of the subjects.

Written exam with 4 open-ended questions (one of the questions is about a chosen ESSAY BOOK). The exam will last at max.1h and 15 min.

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 grade is determined by:
- knowledge and understanding of the exam's questions (range 10 points);
- ability to analytically scrutinize the exam's questions (range 8 points)
- ability to identify and highlight connections between legal rules (range 6 points);
- linearity and logic of the written text (range 6 points)

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

Inclusivity and disability services

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written