| Semester 3, 2020 Online | |
| Short Description: | Privacy & Data Protection Law |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 3 |
| ASCED code : | 090999 - Law not elsewhere classified |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-req: ((Students enrolled in: BEDU (Legal Studies) or BLAW or LLBP or BALW or BBLA or BCLA or BCLW) & (LAW1201 or (LAW1111 & LAW1112)) or ((Students enrolled in: DJUR & (LAW5501 or (LAW5111 & LAW5112)). Alternatively, students may be enrolled in MCYS.
Other requisites
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .
Rationale
This course provides knowledge of the regulatory environment that governs privacy and data protection law. Increasingly, privacy and data protection are having a major effect on law, business development and internet use, and knowledge of the regulatory laws applicable to data protection is important for legal advisors, businesses, information technology professionals and public institutions.
Synopsis
This course introduces students to the law as it relates to privacy and data protection law. It examines key legal areas that are relevant to information privacy. The areas covered have a statutory focus and includes an overview of the philosophy of privacy and the common law right to privacy, data protection and breaches, hacking and issues of cyber security and the General Data Protection Regulation. In each area the application of existing legal principles to privacy as well as regulation will be examined. This course is particularly useful to students who are involved in data collection either from a legal, marketing, or information technology point of view.
Objectives
On successful completion of this course, students should have:
- demonstrate an understanding [explain and apply] of a coherent body of knowledge [relevant to privacy and data protection law], and underlying principles and concepts; and the broader contexts within which legal issues arise [in this area] (PO1/TLO1)
- identify and articulate legal, [policy and technical] issues [relevant to privacy and data protection law]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate responses to legal [policy and technical] issues; engage in critical analysis and make a reasoned choice amongst alternatives; and think creatively in approaching legal [policy and technical] issues and generating appropriate responses (PO3/TLO3)
- demonstrate the intellectual and practical skills needed to identify, research in an ethical manner, evaluate and synthesise relevant factual, legal and policy issues [relevant to privacy and data protection law] (PO4/TLO4).
- communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5)
- identify applicable legislation and delegated legislation, explain general principles of statutory interpretation, understand [explain and apply] and make appropriate use of authorised aids to statutory interpretation, and deploy appropriate techniques in the course of solving interpretative problems [including problems raising special interpretative issues; and give a reasoned opinion as to the appropriate meaning of a legislative provision, and as to the correct application of the provision to a given set of facts] (PO7).
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. | Fundamental privacy principles | 10.00 |
| 2. | Statutory protection of privacy law | 30.00 |
| 3. | Personal information | 10.00 |
| 4. | Managing data and data handling | 20.00 |
| 5. | General Data Protection Regulation | 10.00 |
| 6. | Types of data breaches | 10.00 |
| 7. | Notifiable data breaches | 10.00 |
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2020&sem=03&subject1=LAW3476)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Reference materials
Student workload expectations
| Activity | Hours |
|---|---|
| Assessments | 40.00 |
| Directed 精东传媒app | 52.00 |
| Private 精东传媒app | 73.00 |
Assessment details
| Description | Marks out of | Wtg (%) | Due Date | Notes |
|---|---|---|---|---|
| ONLINE TEST 1 | 30 | 30 | 18 Dec 2020 | (see note 1) |
| ONLINE TEST 2 | 30 | 30 | 15 Jan 2021 | (see note 2) |
| RESEARCH PAPER | 40 | 40 | 25 Jan 2021 | (see note 3) |
Notes
- Online Test 1 will cover modules 1 - 4 of the course content.
- Online Test 2 will cover modules 5 - 8 of the course content.
- Research Paper will cover modules 9 - 12 of the course content.
Important assessment information
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Attendance requirements:
There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.) -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course. -
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course. -
Examination information:
There is no examination in this course. -
Examination period when Deferred/Supplementary examinations will be held:
Not applicable. -
精东传媒app Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene 精东传媒app policies and practices. These policies can be found at .
Assessment notes
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Referencing in assignments:
Students studying this course as part of a Bachelor of Laws or Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in either of these programs may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at .
Other requirements
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It is essential that in the first week of semester, students access the 精东传媒appDesk and make themselves familiar with this resource. Communication throughout the semester for this course relies upon students accessing the News (located on the 精东传媒appDesk). Weekly emails will be sent to students to assist with progression through the course materials and the assessment.