ID:
GPLI04
Tipo Insegnamento:
Opzionale
Durata (ore):
48
CFU:
6
SSD:
DIRITTO PRIVATO
Url:
GIURISPRUDENZA/LAW AND INNOVATION Anno: 4
Anno:
2023
Dati Generali
Periodo Di Attività
Secondo Semestre (05/02/2024 - 04/05/2024)
Syllabus
Obiettivi Formativi
As part of the major in Law and Innovation, the Data Protection course is intended to provide students with sharper interpretative tools of Regulation (EU) 2016/679 (or GDPR) in areas that remain problematic and more cutting-edge.
With the support of the most significant case-law and the participation of national and international experts, some particular fields of application will be analyzed in a specialized manner, with attention also paid to international comparison and the intersection of data protection law with other legal and regulatory disciplines that affect the same sectors, leading to risks of overlap and conflict.
In particular, the course will delve into: the judicial evolution of some specific institutions and rights of data protection law; the recent acknowledgment by the Court of Justice of the EU that certain behaviours put in place by incumbents specializing in massive data collection can be considered abusive as per Article 102 TFU; case-law on data transfer outside the boundaries of the European Union, the regulation of cross-border data transfers, and the hypotheses and attempts of global governance of data flows; the issue of the correct distribution of jurisdictions between data protection and competition law in the regulation of digital markets; and the impact that the new EU Data Strategy and the European regulation of AI will have on the already consolidated discipline of personal data protection.
With the support of the most significant case-law and the participation of national and international experts, some particular fields of application will be analyzed in a specialized manner, with attention also paid to international comparison and the intersection of data protection law with other legal and regulatory disciplines that affect the same sectors, leading to risks of overlap and conflict.
In particular, the course will delve into: the judicial evolution of some specific institutions and rights of data protection law; the recent acknowledgment by the Court of Justice of the EU that certain behaviours put in place by incumbents specializing in massive data collection can be considered abusive as per Article 102 TFU; case-law on data transfer outside the boundaries of the European Union, the regulation of cross-border data transfers, and the hypotheses and attempts of global governance of data flows; the issue of the correct distribution of jurisdictions between data protection and competition law in the regulation of digital markets; and the impact that the new EU Data Strategy and the European regulation of AI will have on the already consolidated discipline of personal data protection.
Prerequisiti
Prerequisite for participating in the Data Protection exam is the successful completion of the exams in:
- Diritto Costituzionale 1
- Diritto Privato 1
For a proper and more responsible participation in the course, it would be advisable to have attended and passed the exam of:
- Diritto dell’Unione Europea
- Diritto digitale e tutela dei dati
- Diritto Costituzionale 1
- Diritto Privato 1
For a proper and more responsible participation in the course, it would be advisable to have attended and passed the exam of:
- Diritto dell’Unione Europea
- Diritto digitale e tutela dei dati
Metodi Didattici
Acquisition: lectures, podcasts and online quizzes
Practice: guest speakers, case study and simulation
Investigation: analyzing ideas and information in a range of materials and resources, using legal databases to collect and analyze data and comparing texts
Collaboration: small group project, discussing others’ output and building joint output
Discussion: seminars, group based class discussion, online forums and synchronous and asynchronous discussion
Production: essays, reports and presentations
Practice: guest speakers, case study and simulation
Investigation: analyzing ideas and information in a range of materials and resources, using legal databases to collect and analyze data and comparing texts
Collaboration: small group project, discussing others’ output and building joint output
Discussion: seminars, group based class discussion, online forums and synchronous and asynchronous discussion
Production: essays, reports and presentations
Verifica Apprendimento
The final exam will consist of a multiple-choice test with 31 questions to be completed in 45 minutes.
At will, oral question on the topics covered during the course to improve the mark.
The evaluation will take into account active participation and the interest in the subject demonstrated in class.
To achieve the Dublin’s learning and comprehension objectives [Descriptor 1], we will check the ability of applying what learned in each single lecture to the daily reality, through classroom discussion, fundamental preliminary reading of the materials uploaded on Learn, final examination with multiple answers, classroom exercises (tutorials as per the Cambridge teaching model) [Descrittore 2]; we will check the judgment autonomy through interaction between module teacher and single student in line with the Socratic method [Descriptor 3]; we will check the communication ability not only oral but also written requiring short essays on privacy applying the OSCOLA standard of referencing [OXFORD] for footnotes and bibliography [Descriptor 4], checking the learning capacity through examination with multiple answer based on 31 questions [Descriptor 5].
At will, oral question on the topics covered during the course to improve the mark.
The evaluation will take into account active participation and the interest in the subject demonstrated in class.
To achieve the Dublin’s learning and comprehension objectives [Descriptor 1], we will check the ability of applying what learned in each single lecture to the daily reality, through classroom discussion, fundamental preliminary reading of the materials uploaded on Learn, final examination with multiple answers, classroom exercises (tutorials as per the Cambridge teaching model) [Descrittore 2]; we will check the judgment autonomy through interaction between module teacher and single student in line with the Socratic method [Descriptor 3]; we will check the communication ability not only oral but also written requiring short essays on privacy applying the OSCOLA standard of referencing [OXFORD] for footnotes and bibliography [Descriptor 4], checking the learning capacity through examination with multiple answer based on 31 questions [Descriptor 5].
Testi
The reference materials (slides, literature, cases, decisions and official acts of the Supervisory Authorities and other competent institutions, etc.) will be shared by the co-chairs on Luiss Learn before or after the relevant lectures and constitute, in all respects, a mandatory subject of study.
To support their studies, students can also refer to the following books:
- European Union Agency for Fundamental Rights et al., Handbook on European data protection law - 2018 edition [Available online at https://fra.europa.eu/sites/default/files/fra_uploads/fra-coe-edps-2018-handbook-data-protection_en.pdf]
- A. Monti and R. Wacks, Protecting Personal Information: The Right to Privacy Reconsidered, Bloomsbury, London 2020.
- Scanned, selected, pages from: R. Whish and D. Bailey, Competition Law, Oxford University Press, Oxford and New York 2021 (10th edition).
To support their studies, students can also refer to the following books:
- European Union Agency for Fundamental Rights et al., Handbook on European data protection law - 2018 edition [Available online at https://fra.europa.eu/sites/default/files/fra_uploads/fra-coe-edps-2018-handbook-data-protection_en.pdf]
- A. Monti and R. Wacks, Protecting Personal Information: The Right to Privacy Reconsidered, Bloomsbury, London 2020.
- Scanned, selected, pages from: R. Whish and D. Bailey, Competition Law, Oxford University Press, Oxford and New York 2021 (10th edition).
Contenuti
After an introduction in which there will be a general review of the discipline provided by the GDPR in order to realign the class's knowledge and address any gaps, the course will mainly cover the following macro-areas:
1. the evolution of Data Protection in the most significant case law with a focus on national authorities decisions and European Courts (both of the European Union and of the Council of Europe) case-law;
2. recent evolution of Data Protection with respect to European Competition Law, in particular with a focus on abuses of dominance put in place by major corporations in collecting, processing and using personal data for commercial purposes;
3. the conditions of legality of cross-border data transfers and the international governance of data flows;
4. comparative data protection law in different jurisdictions;
5. the impact of EU Data Strategy and AI Regulation on data protection law.
1. the evolution of Data Protection in the most significant case law with a focus on national authorities decisions and European Courts (both of the European Union and of the Council of Europe) case-law;
2. recent evolution of Data Protection with respect to European Competition Law, in particular with a focus on abuses of dominance put in place by major corporations in collecting, processing and using personal data for commercial purposes;
3. the conditions of legality of cross-border data transfers and the international governance of data flows;
4. comparative data protection law in different jurisdictions;
5. the impact of EU Data Strategy and AI Regulation on data protection law.
Risultati Di Apprendimento Attesi
Knowledge and comprehension: having demonstrable knowledge and understanding of the subject that builds on and exceeds the level achieved in the first three years; operating at a level where, with the support of specialized literature, there are some aspects that require knowledge of the latest developments in the field.
Applied knowledge and comprehension: being able to apply the acquired knowledge and understanding in such a way that shows a professional approach to one’s work, also having competencies for drawing up and deepening arguments, and for solving problems in the field.
Making autonomous judgements: being able to collect and interpret relevant information with the aim of building an opinion based on proficiently weighing relevant social, legal, economic and ethical aspects.
Communication skills: being able to communicate information, ideas and solutions to an audience consisting of specialists or non-specialists.
Ability to learn: having the necessary learning skills to enter into a follow-up study that presupposes a high level of autonomy.
Applied knowledge and comprehension: being able to apply the acquired knowledge and understanding in such a way that shows a professional approach to one’s work, also having competencies for drawing up and deepening arguments, and for solving problems in the field.
Making autonomous judgements: being able to collect and interpret relevant information with the aim of building an opinion based on proficiently weighing relevant social, legal, economic and ethical aspects.
Communication skills: being able to communicate information, ideas and solutions to an audience consisting of specialists or non-specialists.
Ability to learn: having the necessary learning skills to enter into a follow-up study that presupposes a high level of autonomy.
Criteri Necessari Per L'assegnazione Del Lavoro Finale
Interest in the subject and intellectual appreciation by the Chair.
Corsi
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GIURISPRUDENZA
Laurea Magistrale Ciclo Unico 5 Anni
5 anni
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Assistant Professor (Research)
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