JJUA14230U European and International Data Protection and Privacy Law
The globalization of the world economy, the ever-increasing
importance of the Internet, and the growth of electronic commerce
have made data protection and privacy law an important area of
concern for businesses, governments, and individuals. At present,
governments around the world are seeking ever-increasing access to
personal data for law enforcement and other purposes; companies are
processing more personal data than ever; and many individuals
publish their personal data on the Internet on a routine basis.
Consequently most lawyers will come across data protection issues
sooner or later in their work. Another consequence of these
developments is that data protection and privacy law have evolved
from being local issues to ones of global concern. Besides the EU
Directives and laws in EU Member States on data protection, the
subject has spread to countries as diverse as Australia, Canada,
Japan, and the US, among many others. This course will concentrate
on European data protection and privacy law, while providing
students with an overview of the different legal systems of data
protection and privacy around the world. The course will give
students insight into how to analyze international data protection
issues, both from a legal and policy perspective. It will also give
an overview of the historical roots of data protection privacy law,
and will examine relevant human rights issues. Besides analysis of
the legal rules, the course will include extensive real-world
examples and issues arising in areas such as transferring personal
data outside of Europe; processing personal data on online services
(such as social networks); the profiling of individuals in the
context of electronic commerce; the use of data for electronic
marketing purposes; and others. The course may also include a
presentation from a leading outside expert from the business or
regulatory community.
1. The course begins with an introduction to the
basic principles and instruments of data protection law around the
world. It will also provide an overview of the different systems
for data protection and privacy law. The following topics will be
covered:
• The historical background and development of data protection and
privacy law
• The most important international legal instruments
• The various systems of data protection around the world, such as
the European system; systems in common law countries (particularly
the US and Canada); and systems in the Asia-Pacific region
2. The second part will focus on the basic content
of the European system of data protection, in particular:
• An overview of EU institutions and general rules of EU law
relevant to data protection
• The two main EU Directives on data protection (EU Directives
95/46 and 2002/58)
• Other important European legal instruments (Council of Europe
Convention 108 etc)
3. The third part of the course deals with data
protection as a human right, with a focus on the following:
• The historical roots of data protection
• International human rights instruments
• Case law of the European Convention on Human Rights
4. The fourth part of the course deals with the
international transfer of personal data, including topics such as:
• Legal issues with regard to the international transfer of
personal data
• Review of legal treatment of data transfers under different legal
systems
• Real-world situations involving international data transfers and
the legal questions they raise
5. The fifth part of the course will focus on
issues involving the processing of personal data in the Internet
and in electronic commerce, such as the following:
• applicable law and jurisdiction
• application of fundamental data protection concepts to electronic
commerce (e.g., consent, personal data, data controller/data
processor etc)
• data protection in online social networks
• electronic marketing issues
• drafting documentation for web sites
6. The final part of the course will look at
likely future developments and directions in data protection around
the world.
• Present and explain the relevant legal sources and
rules of law
• Explain and put into perspective the relationship
between relevant rules of law
• Identify relevant legal problems and arguments on the
basis of a given fact description
• Analyse which rules and principles of law are relevant
to the identified legal problems and apply these rules and
principles in relation to the facts given
• Argue and discuss the pros and cons of the different
possible solutions of the identified legal problem on the basis of
the identified rules and principles of law
• Decide and make a valid choice among the possible
solutions in a way that shows in-depth knowledge and understanding
of the field
• If relevant discuss any inexpediencies and alternative
regulation possibilities
• Communicate and formulate her/his knowledge and
arguments professionally and linguistically correct and in a
structured and coherent way.
Christopher Kuner: European Data Protection Law: Corporate
Compliance and Regulation (selections)
Various Article 29 Working Party papers
Various international conventions and standards (Council of Europe
Convention 108, OECD Privacy Guidelines etc)
Various legal articles
Various materials from practice
Required readings cover app. 500 pages
- Category
- Hours
- Preparation
- 241
- Seminar
- 34
- Total
- 275
Enrolling as a Single Master Level/ Credit Student:
For Single Master Level Courses – click here!
For Single-subject credit students - click here!
For further
information
- Credit
- 10 ECTS
- Type of assessment
- Oral examination, 20 minutesOral exam without preparation, 20 minutes
- Marking scale
- 7-point grading scale
- Censorship form
- External censorship
- Exam period
December 12-16, 2016, preliminary dates
- Re-exam
Please see "Academic calendar" on KUnet.
Course information
- Language
- English
- Course code
- JJUA14230U
- Credit
- 10 ECTS
- Level
- Full Degree MasterFull Degree Master choice
- Duration
- 1 semester
- Placement
- Autumn
- Schedule
- C2
- Continuing and further education
- Price
DKK 10.000
- Study board
- Law
Contracting department
- Law
Course responsibles
- Henrik Udsen (12-5370797d747639606f7e70794b75807d397680396f76)