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The current and official versions of the course specifications are available on the web at http://www.usq.edu.au/course/specification/current.
Please consult the web for updates that may occur during the year.

LAW3476 Privacy and Data Protection Law

Semester 1, 2019 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: Jasmine Thomas

Requisites

Pre-requisite: ((Students must be enrolled in one of the following: BEDU (Legal Studies) or BLAW or LLBP or BALW or BBLA or BCLA or BCLW) & (LAW1201 or (LAW1111 & LAW1112)) or ((Students must be enrolled in the DJUR & (LAW5501 or (LAW5111 & LAW5112))

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 http://www.usq.edu.au/current-students/support/computing/hardware.

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 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 personal and information privacy. The areas covered include the common law right to privacy, statutory protection, smart contracts, data protection and vulnerability, hacking, surveillance, cybersecurity and new technologies. 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 or are interested in their own personal privacy.

Objectives

On successful completion of this course, students should have:

  1. knowledge, including:
    1. fundamental knowledge of the Australian regulatory regime including the following areas – personal privacy, information privacy, smart contracts, data protection, data vulnerability, hacking, surveillance, cybersecurity and technology
    2. knowledge of international approaches to regulation of privacy and data protection
  2. thinking skills, including:
    1. the ability to identify and articulate legal, policy, and technical issues associated with the internet apply legal reasoning and research to develop mechanisms to ensure compliance with the regulatory regime by websites
    2. engage in critical analysis and make a reasoned choice amongst alternatives
    3. think creatively in approaching legal issues and generating appropriate responses
  3. communication skills, including the ability to write a detailed and analytical report based upon the relevant law and authoritative secondary sources
  4. statutory interpretation skills, including the ability to interpret complex legislation and apply it appropriately to facts situations and features found in privacy situations
  5. research skills, namely the intellectual and practical skills needed to research sources of law and secondary sources in an ethical manner and to evaluate and synthesise relevant factual, legal and policy issues.

Topics

Description Weighting(%)
1. Introduction to privacy law 5.00
2. Privacy and common law 10.00
3. Statutory protection of privacy law 10.00
4. Information privacy 5.00
5. Smart contracts 5.00
6. Data protection 10.00
7. Data vulnerability and leaks 5.00
8. Hacking 10.00
9. Surveillance 10.00
10. Cybersecurity 10.00
11. Privacy and technology 10.00
12. International perspectives. 10.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2019&sem=01&subject1=LAW3476)

Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Jackson, M 2015, Private life in a digital world, 1st edn, Thomson Reuters, Pyrmont, New South Wales.

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Davidson, A 2015, Social media and electronic commerce law, 2nd edn, Cambridge University Press, Port Melbourne, Victoria.
Fitzgerald, B, Fitzgerald, A, Clark, E, Middleton, G & Lim, YF 2011, Internet and e-commerce law, business and policy, 2nd edn, Thomson Reuters, Pyrmont, New South Wales.

Student workload expectations

Activity Hours
Assessments 40.00
Directed Study 52.00
Private Study 73.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ONLINE TEST 1 30 30 29 Mar 2019 (see note 1)
ONLINE TEST 2 30 30 10 May 2019 (see note 2)
RESEARCH PAPER 40 40 03 Jun 2019 (see note 3)

Notes
  1. Online Test 1 will cover modules 1 - 4 of the course content.
  2. Online Test 2 will cover modules 5 - 8 of the course content.
  3. Research Paper will cover modules 9 - 12 of the course content.

Important assessment information

  1. 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.

  2. 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.)

  3. Penalties for late submission of required work:
    Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)

  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.

  5. 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.

  6. Examination information:
    There is no examination in this course.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Not applicable.

  8. University Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.

Assessment notes

  1. 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 http://www.usq.edu.au/library/referencing, or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.

Other requirements

  1. It is essential that in the first week of semester, students access the StudyDesk and make themselves familiar with this resource. Communication throughout the semester for this course relies upon students accessing the News (located on the StudyDesk). Weekly emails will be sent to students to assist with progression through the course materials and the assessment.