Foundations in Data Protection Law

Learning Outcomes

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• Competently undertake research tasks with minimum guidance.
• Construct reasoned arguments based on premises drawn from various theoretical, legal and political sources, demonstrating a competence in problem solving in the conflict of laws.
• Deploy legal arguments in writing and/or orally.
• Engage confidently in academic and professional communication with others, reporting on action clearly, autonomously and competently.
• Be an independent and self-critical learner, managing your own requirements for continuing professional development.
• Use the full range of learning resources to analyse complex written texts and evaluate different types of arguments.

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• Identify, evaluate and apply key legal principles in critically assessing data protection law and deploy analytical and evaluative skills, in the form of legal advice, in relation to complex data processing situations.
• Identify and critically evaluate key legal and policy issues in their social and economic contexts arising out of transnational law.
• Explain similarities and differences in national approaches, outcomes, policies and underlying philosophies and form your own independent and personal view on the desirability and viability of harmonisation of data protection law in Europe.
• Independently research, interpret and analyse relevant legal materials, including, where appropriate, international conventions, statutes, and case law.
• Construct clear and coherent arguments as to how data protection law should apply to hypothetical scenarios, providing adequate support by reference to legal authority.

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

• The main legal rules and principles governing data protection, encompassing a comparison of the major Conventions/Regulations and other supranational legislation and case law as well as selected provisions of national laws dealing with data protection.
• How data protection law seeks to balance the objectives of facilitating the movement and sharing of data, with the protection of privacy and data protection rights, and the challenges which inhere in this approach.
• How academic law 'translates' into the provision of legal advice in the field of data protection law.
• The nature and functions of key areas of data protection law and the broader context in which it operates.

• Introduction to data protection law: sources and institutions
• Key concepts I & II
• Data Protection Principles
• Data Protection Obligations
• Data Protection Rights
• Data Governance
• Data Protection Exemptions
• International Data Transfers
• Jurisdiction

Teaching will be by seven two-hour lectures, one one-hour revision session and five two-hour seminars.

Lectures will introduce the main principles and structure of the subject. You are expected to provide the main input to the seminars, where the main issues are discussed. E-learning facilities are provided through Blackboard. Lectures will be recorded in case any part of a lecture is missed, and for revision. Computer-based quizzes will be used alongside the lectures and seminars to help provide a direction for your study. We will also facilitate group work throughout the semester.

The most important part of learning is your own independent study. This will, however, be closely guided, and firmly tied into the lectures, seminars and assessment. Most of the discussion will revolve around the main legal decisions, and the arguments that have been advanced, and accepted or rejected in the cases. In seminars you will have the opportunity to present arguments orally to a group of peers and defend your position under challenge.

Preparation for and participation in lectures and seminars will develop:

• Knowledge of the substantive principles and rules on data protection through directed reading as per distributed reading lists;
• Preparation for seminars including preparing answers to set questions and identifying own questions to ask in the seminars;
• Class discussion and presentation;
• Ability to manage and access a diverse range of legal and political sources of law, including English and European Court of Justice case law and EU Regulations;
• Ability to critically evaluate those sources and to participate constructively in oral discussions in seminar settings concerning their content and application;
• Preparing and writing formative coursework, with critical self-reflection on your own performance throughout this process;
• Ability to assess reform proposals and comment critically on them;
• Problem solving and analysis skills;
• Time management and research skills.

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Coursework

• Assessment Type: Formative
• Feedback: You will receive written feedback on a standard School form. There will also be feedback throughout the module on class discussions and on student presentations.
• Final Assessment: No
• Group Work: No

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.