| Unit name | Privacy and Data Protection Law: Theory and Practice |
|---|---|
| Unit code | LAWDM0183 |
| Credit points | 30 |
| Level of study | M/7 |
| Teaching block(s) |
Teaching Block 2 (weeks 13 - 24) |
| Unit director | Professor. Charlesworth |
| Open unit status | Not open |
| Units you must take before you take this one (pre-requisite units) |
None. |
| Units you must take alongside this one (co-requisite units) |
Check your programme requirements. |
| Units you may not take alongside this one |
None. |
| School/department | University of Bristol Law School |
| Faculty | Faculty of Social Sciences and Law |
Why is this unit important?
Privacy is a concept explored in the literatures of a range of academic disciplines. Most struggle to reach consensus on either its meaning or its value; depending on context, claims to ‘privacy’ may be perceived as more or less desirable, or even harmful. Yet, as digital technologies expose the activities of individuals and communities to external examination and interrogation, a corresponding drive has arisen for legal interventions to determine boundaries between ‘public’ and ‘private’ spheres; and to decide when, and to what extent, individuals, organisations, and States might legitimately seek access to the ‘private’. Such interventions take many forms: privacy rights in tort (e.g., against misuse of private information), statutory data protection laws (e.g., the GDPR), or laws impacting on private matters (e.g., controls on surveillance technologies). However, it is important to recognise legal claims to privacy often impact other legitimate claims, e.g., freedom of expression or commercial interests.
How does this unit fit into your programme of study?
This unit forms part of the LLM in Law, Innovation and Technology programme, but may be taken by other LLM students, e.g., those interested in human rights. You will gain insights into the varying perceptions of the nature and value of privacy, and how those perceptions may influence the development and structure of various types of privacy-related jurisprudence, notably those affecting ‘informational privacy’ particularly data protection laws, across jurisdictions including the UK, EU and US. Students taking this unit will typically have had some exposure to the basics of data protection law, via LAWDM0070 or previous studies
An Overview of Content
The unit will engage with theories of privacy in legal, philosophical, and political writings (including writings critical of the value of privacy, e.g., communitarians, feminist legal scholars, and ‘transparency’ advocates). In this light, you will examine the protection of privacy in various jurisdictions (primarily England &Wales, the EU, the USA, and under the ECHR), considering issues such as privacy in tort law; key debates in data protection law, e.g., the impact of digital technologies such as AI, and the right to be forgotten; regulation of surveillance technologies; and the friction between privacy/data protection laws and freedom of expression.
How will students, personally, be different as a result of the unit?
You will be able to critically examine the rationales for, and possible consequences of, accepting particular claims to ‘privacy rights’ in different legal contexts. You will gain a greater understanding of the difficulties of practically applying theoretical conceptions of privacy, and of the intersectional relationships between privacy/data protection and other, often countervailing, claims to legal rights. This unit is also intended to improve your research skills.
Learning Outcomes
By the end of the unit, a successful student will be able to:
The teaching in this unit encompasses live and recorded lectures, reading exercises to be carried out independently, research exercises with formative feedback and, most importantly, discursive, participatory seminars with small group work activities. The teaching style is intended to develop your confidence and competence at carrying out independent, research-based analysis of legal issues. The unit will require directed and self-directed learning, which will include activities such as reading materials included in the unit’s reading list, researching supplementary materials, engaging in critical analysis, completion of tasks for in-seminar presentation, and completion of assessments.
Tasks which help you learn and prepare you for summative tasks (formative):
Formative assessments will come in many forms, including discussions in the seminars, group exercises and asynchronous activities in the virtual learning environment. These should contribute to constant training of your thinking, argumentation, and communication skills. These form an assessment for learning and will not contribute to your final unit mark. There will be one major formative assignment. You will produce a research memorandum of maximum 1,500 words. The memorandum will outline your research project which will be situated in one of a number of selected areas. The list of selected research areas will be distributed at the beginning of this unit and will vary year-to-year. Your research memorandum will contain your research question, your main line of argument, and a list of your main sources. This memorandum will ultimately lead to the production of the summative research piece (see below). In preparation for the major formative task, you will be expected to carry out research beyond the unit reading list. General and individual feedback on the formative coursework will be provided before summative assessments are assigned.
Tasks which count towards your unit mark (summative):
The summative task will take the form of a mini research project answering one of a number of set research questions. You will have to produce one piece of written coursework (4,000 words) in which you will effectively address your research question and demonstrate the attainment of all the Intended Learning Outcomes for this unit. You are expected to conduct research beyond the unit reading list in your coursework.
When assessment does not go to plan:
When a student fails the unit and is eligible to resubmit, the unit will be reassessed on a like-for-like basis with new assessment questions.
If this unit has a Resource List, you will normally find a link to it in the Blackboard area for the unit. Sometimes there will be a separate link for each weekly topic.
If you are unable to access a list through Blackboard, you can also find it via the Resource Lists homepage. Search for the list by the unit name or code (e.g. LAWDM0183).
How much time the unit requires
Each credit equates to 10 hours of total student input. For example a 20 credit unit will take you 200 hours
of study to complete. Your total learning time is made up of contact time, directed learning tasks,
independent learning and assessment activity.
See the University Workload statement relating to this unit for more information.
Assessment
The assessment methods listed in this unit specification are designed to enable students to demonstrate the named learning outcomes (LOs). Where a disability prevents a student from undertaking a specific method of assessment, schools will make reasonable adjustments to support a student to demonstrate the LO by an alternative method or with additional resources.
The Board of Examiners will consider all cases where students have failed or not completed the assessments required for credit.
The Board considers each student's outcomes across all the units which contribute to each year's programme of study. For appropriate assessments, if you have self-certificated your absence, you will normally be required to complete it the next time it runs (for assessments at the end of TB1 and TB2 this is usually in the next re-assessment period).
The Board of Examiners will take into account any exceptional circumstances and operates
within the Regulations and Code of Practice for Taught Programmes.
