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Course module: 620040-M-6
620040-M-6
Privacy and Data Protection
Course info
Course module620040-M-6
Credits (ECTS)6
CategoryMA (Master)
Course typeCourse
Language of instructionEnglish
Offered byTilburg University; Tilburg Law School; Law, Technology, Markets and Society;
Is part of
M Law and Technology
M Bestuurskunde
M Public Governance
M Business Law
M Law
Contact persondr. P.J.A. de Hert
Lecturer(s)
Coordinator course
dr. P.J.A. de Hert
Other course modules lecturer
Coordinator course
Dr B. van der Sloot
Other course modules lecturer
Academic year2018
Starting block
SM 1
Course mode
Full-time
RemarksThis information is not up to date. Check the Course Catalog 2019 or select the course via “Register”.
Registration openfrom 13/08/2018 09:00 up to and including 31/07/2019
Aims
Objectives Privacy & Data Protection
1. Students are able to describe and explain the laws and institutions regarding privacy and data protection within their institutional setting at international, European and national levels.
2. Students are able to use the legal frameworks in a practical setting assessing all legal and non-legal elements with regard to diverse data protection issues that may arise at the workplace, at the level of business or government.
3. Students are able to evaluate the impact of international policy making of data protection rights and laws.
4. Students are able to explore how privacy and data protection rights may be infringed and to discriminate between types of infringements.
5. Students are able to assess the interests that privacy and data protection law protects and assess if it is successful in balancing those interests with other, potentially competing, personal and public interests.

6. Students are able to explain the differences between the current and proposed EU legal framework regarding data protection and between regulatory models of regulation concerning data protection in the world.

7. Students are able to apply their knowledge in a blog.

8. Students are able to analyze and evaluate the material in an essay.

The course is demanding, interactive and lively. The expert tutor challenges students to bring in the own legal experience, to compare experiences and interpretations build up on basis of the mandatory readings. The teaching is internationally oriented. We welcome students from outside the EU and accommodate their interests by encouraging exchange of knowledge and by discussing systematically the international framework, next to the European framework. Students will be actively helped byt the teaching staff to find internship positions in major law firms dealing with data protection or to pursue an academic continuation.
 
Specifics
This course will be taught in English.
This course will be taught in condensed form in the first weeks of the autumn semesters. After the last lecture of this course, the elective Capita Selecta Privacy and Data Protection will start.
 
Students are not allowed to take case law or the Handbook or any other text to the written exam with the exception of the codex of legislation provided on Blackboard. There is one assignment. There is a (written) resit possibility for the exam.
 
Recommended Prerequisites
LL.B (Bachelor of Law)
Content
Please note, this course is only available to students of the Master Law & Technology Program.
To register for this program, you must comply with the admission requirements, including a matching interview 


In the digital age data protection and security is of increasing concern for governments, individuals and companies alike. Many multinational companies fully act on a seamless worldwide basis. Especially the maturing of the internet led to a vast increase in cross-border flows of personal data both within groups of companies and between groups of companies. Governments increasingly cooperate with each other, for instance by exchanging data for crime fighting and security purposes Through the course 'Privacy and Data Protection' students will gain knowledge and insight in the risks and consequences of ICT for the protection of data privacy and security. The course enables them to build up knowledge and insight in the diversity and complexity of national and international data privacy and security regulations.
The central focus of the course is on getting students acquainted with the Fra & Council of Europe ‘Handbook on European data protection law' (last edition) that can be downloaded at http://fra.europe.eu/en/publication/2018/handbook-european-data-protection-law . There are a number of additional articles.
The first eight lectures willb e devoted to the chapters of the handbook. The book is considered a standard in data protection knowlegde and offers students that succesfully passed the exam a golden key to further research or work in the data protection area.

The first three questions for the exam are taken from this book and require mainly deep understanding of the Handbook. These 3 questions divided into subquestions allow to check whether students have mastered the full Handbook. The fourth question will be an essay question about case law. During the course, students have to write a blog.

This approach is adopted to ensure that the programme is as relevant as possible to legal academics and to legal practitioners alike.
Teaching is delivered by Paul de Hert & Bart van der Sloot.
After the course, arrangements will be made for a joint trip to the annual Computers, Privacy and Data Protection Conference held every year in Brussels (last week of January). This leading conference of the privacy community set up by five academic institutes (TILT being one) brings together academics, practitioners, policy-makers and civil society. Every year more than 400 participants meet, including 180 speakers from all over the world. The 3 Day conference offers fifteen panels, a pre-conference, several academic and cultural side events, a privacy party and a PhD-evening. More information: www.cpdpconferences.org
 
Type of instructions
Lecture
Interactive Lectures
Self-study
Other, namely: this course is an introduction course to understand the basics of EU privacy and data protection law. It is  pre-requisite to take part in the course Capita Selecta Privacy and Data Protection. Therefore, this course is theory and knowledge oriented.

Type of exams
Written Exam 90 %
Blog assignment 10 %

Compulsory Reading
  1. Handbook 'European on data protection law' (last edition) that can be downloaded at http://fra.europa.eu/en/publication/2018/handbook-european-data-protection-law . Other literature will be made available via Blackboard..
  2. B. van der Sloot., ‘Is the Human Rights Framework Still Fit for the Big Data Era? A Discussion of the ECtHR's Case Law on Privacy Violations Arising from Surveillance Activities’, In: S. Gutwirth et al. (eds.), Data Protection on the Move, Law, Governance and Technology Series 24, 2016..
  3. B. van der Sloot, ‘Privacy as personality right: why the ECtHR’s focus on ulterior interests might prove indispensable in the age of Big Data’, Utrecht Journal of International and European Law, 2015-80, p. 25-50.
  4. B. van der Sloot, ‘Where is the harm in a privacy violation? Calculating the damages afforded in privacy cases by the European Court of Human Rights’, JIPITEC, 2017-4.
  5. B. van der Sloot, ‘The Practical and Theoretical Problems with ‘balancing’: Delfi, Coty and the redundancy of the human rights framework’, Maastricht Journal of European and Comparative Law, 2016, 3.
  6. http://www.echr.coe.int/Documents/Admissibility_guide_ENG.pdf
  7. B. van der Sloot, ‘How to assess privacy violations in the age of Big Data? Analysing the three different tests developed by the ECtHR and adding for a fourth one’, http://www.tandfonline.com/doi/full/10.1080/13600834.2015.1009714
  8.  B. van der Sloot, ‘Ten Questions about balancing’, http://bartvandersloot.com/onewebmedia/ten%20questions.pdf


 
Timetable information
620040-M-6|Privacy and Data Protection
Written test opportunities
Omschrijving/DescriptionToets/TestBlok/BlockGelegenheid/OpportunityDatum/Date
Written test opportunities (HIST)
Omschrijving/DescriptionToets/TestBlok/BlockGelegenheid/OpportunityDatum/Date
Schriftelijk (90%) / Written (90%)EXAM_01SM 1117-10-2018
Schriftelijk (90%) / Written (90%)EXAM_01SM 1210-12-2018
Required materials
Literature
Please check Content Course for all mandatory reading with links
Recommended materials
-
Tests
Written (90%)

Paper (10%)

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