UNSW Handbook Course - Data Surveillance and Information Privacy Law

Data Surveillance and Information Privacy Law - LAWS8037


	Faculty: Faculty of Law
	School: Faculty of Law
	Course Outline: See below
	Campus: Kensington Campus
	Career: Postgraduate
	Units of Credit: 6
	EFTSL: 0.12500 (more info)
	Indicative Contact Hours per Week: 2
	Enrolment Requirements:
	Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
	Excluded: JURD7437
	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.