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Data Surveillance and Information Privacy Law - LAWS3037
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This subject examines the use of data surveillance (the techniques of social control through the use of information technology) in both the public and private sectors, and information privacy (or 'data protection') law as a response. The pervasiveness of Internet use by business, government and citizens has placed both data surveillance and privacy protection at the centre of the emerging information economy and information society. This subject examines surveillance and privacy principally through the focus of these Australian laws, but also considers their place in an emerging international context of surveillance practices and privacy laws. This comparative international focus will be enhanced by the involvement of UNSW students in a joint email discussion group with European students in Oslo.


LLM Specialisation

Media, Communications and Information Technology Law.

Recommended Prior Knowledge

None

Course Objectives

The objectives of teaching and studying this subject are:
  • To examine the concepts of 'privacy' (particularly 'information privacy' or 'data protection') and 'surveillance' (particularly 'data surveillance') and to attempt to identify the values at issue in laws dealing with these subjects
  • To introduce the international agreements influencing Australia's domestic privacy laws
  • To undertake a reasonably comprehensive and critical survey of the key general laws (statutory and other) that protect information privacy and those that facilitate data surveillance. The emphasis is on the law applying in New South Wales (State, Federal and common law), and those aspects of international law that are relevant
  • To obtain a more in-depth understanding of the operation of data surveillance and data protection practices and these laws in a selected area of business, government or society, depending on individual interests

Main Topics

  • Overview of information privacy; Brief history of privacy legislation in Australia
  • What is privacy / surveillance? - Theories
  • Special topic: The new Australia Card
  • International development of privacy legislation
  • General law protection of privacy
  • Key concepts in privacy laws and IPPs
  • Enforcement and administration of privacy laws
  • Collection principles
  • Surveillance laws
  • Use and disclosure principles
  • Access and correction principles
  • Other information privacy principle (security, sensitive information etc)

Assessment

Take-home exam At end of session 40%
Class participation Participation in class and by email 30%
Research essay 3,500 words 30%
 

Course Texts

Prescribed
None

Recommended
None

Resources

Extensive online Reading Guides and other materials will be provided on the course web pages at http://www2.austlii.edu.au/privacy/ . Privacy Law & Policy Reporter (PLPR), a monthly Australian journal edited by two of the course teachers, is the single resource which will be used most heavily in this course.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.