Giurisprudenza | COMPARATIVE DATA PROTECTION LAW

cod. 0160100432

COMPARATIVE DATA PROTECTION LAW

	0160100432
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2021/2022

PERCORSO UNIQUE CURRICULUM

	YEAR OF DIDACTIC SYSTEM 2012
	SPRING SEMESTER

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/02	8	72	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

PROFESSORS

GIORGIO GIANNONE CODIGLIONE T Curriculum

	Objectives
	THE COURSE AIMS TO PROVIDE A SYSTEMATIC ANALYSIS OF DATA PROTECTION LAW, ACCORDING TO THE EU'S GENERAL DATA PROTECTION REGULATION (GDPR), THE ECJ'S CASE LAW AND IN THE PERSPECTIVE OF A COMPARATIVE STUDY OF THE US LAW AND ALSO THE TRANSNATIONAL FRAMEWORK. EXPECTED LEARNING OUTCOMES: A)GENERAL KNOWLEDGE OF UNIFORMATION IN EUROPEAN DATA PROTECTION LAW AND UNDERSTANDING OF THE APPLICATION PRACTICE IN A TRANSNATIONAL ENFORCEMENT PERSPECTIVE; B) ABILITY TO IDENTIFY PROBLEMS AND LEGAL SOLUTIONS.

THE COURSE AIMS TO PROVIDE A SYSTEMATIC ANALYSIS OF DATA PROTECTION LAW, ACCORDING TO THE EU'S GENERAL DATA PROTECTION REGULATION (GDPR), THE ECJ'S CASE LAW AND IN THE PERSPECTIVE OF A COMPARATIVE STUDY OF THE US LAW AND ALSO THE TRANSNATIONAL FRAMEWORK.
EXPECTED LEARNING OUTCOMES:
A)GENERAL KNOWLEDGE OF UNIFORMATION IN EUROPEAN DATA PROTECTION LAW AND UNDERSTANDING OF THE APPLICATION PRACTICE IN A TRANSNATIONAL ENFORCEMENT PERSPECTIVE;
B) ABILITY TO IDENTIFY PROBLEMS AND LEGAL SOLUTIONS.

	Prerequisites
	RECOMMENDED: BASICS OF PRIVATE LAW

	Contents
	- HISTORICAL EVOLUTION OF THE RIGHT TO PRIVACY; - THE INFORMATION AND COMMUNICATION ERA: FROM PRIVACY TO DATA PROTECTION; - THE EU'S MODEL AND THE GDPR; - GENERAL PRINCIPLES AND DATA SUBJECTS; - RISK ASSESSMENT, ACCOUNTABILITY AND DATA PROTECTION OFFICER; - THE REMEDIAL PERSPECTIVE BETWEEN DAMAGES AND SPECIFIC REDRESS: THE SO-CALLED RIGHT TO BE FORGOTTEN; - DATA PROTECTION IN US LAW: INFORMATION FLOWS AND CONSUMER PRIVACY; - ENFORCEMENT AND EFFECTIVENESS IN TELEMATIC AND LEGAL SPACE; - THE TRANSNATIONAL DATA MARKET: ANTITRUST AND UNFAIR PRACTICES; - "PROSUMER" PROTECTION IN THE DIGITAL SINGLE MARKET; - THE INTERACTION BETWEEN DIFFERENT PROTECTION LEVELS IN THE INFOCENTRIC SOCIETY

Contents

- HISTORICAL EVOLUTION OF THE RIGHT TO PRIVACY;
- THE INFORMATION AND COMMUNICATION ERA: FROM PRIVACY TO DATA PROTECTION;
- THE EU'S MODEL AND THE GDPR;
- GENERAL PRINCIPLES AND DATA SUBJECTS;
- RISK ASSESSMENT, ACCOUNTABILITY AND DATA PROTECTION OFFICER;
- THE REMEDIAL PERSPECTIVE BETWEEN DAMAGES AND SPECIFIC REDRESS: THE SO-CALLED RIGHT TO BE FORGOTTEN;
- DATA PROTECTION IN US LAW: INFORMATION FLOWS AND CONSUMER PRIVACY;
- ENFORCEMENT AND EFFECTIVENESS IN TELEMATIC AND LEGAL SPACE;
- THE TRANSNATIONAL DATA MARKET: ANTITRUST AND UNFAIR PRACTICES;
- "PROSUMER" PROTECTION IN THE DIGITAL SINGLE MARKET;
- THE INTERACTION BETWEEN DIFFERENT PROTECTION LEVELS IN THE INFOCENTRIC SOCIETY

	Teaching Methods
	THE TEACHING IS MADE UP OF 72 HOURS OF FRONTAL LECTURES (64 HOURS) AND PRACTICES (8 HOURS). LECTURES AND DISCUSSION OF THE MOST RELEVANT CASE LAW BOOST INDEPENDENT AND CRITICAL JUDGEMENT ON COMPARATIVE DATA PROTECTION LAW. THE COURSE, EVEN IF ATTENDANCE IS OPTIONAL, IS DESIGNED FOR STUDENTS WHO ATTEND REGULARLY. NON-ATTENDING STUDENTS WILL HAVE TO SIT AN ORAL EXAM BASED ON THE INSTRUCTIONS CONTAINED IN THE READING LIST, WITH ADDITIONAL EXPLANATION OF THE TEACHER.

Teaching Methods

THE TEACHING IS MADE UP OF 72 HOURS OF FRONTAL LECTURES (64 HOURS) AND PRACTICES (8 HOURS). LECTURES AND DISCUSSION OF THE MOST RELEVANT CASE LAW BOOST INDEPENDENT AND CRITICAL JUDGEMENT ON COMPARATIVE DATA PROTECTION LAW.
THE COURSE, EVEN IF ATTENDANCE IS OPTIONAL, IS DESIGNED FOR STUDENTS WHO ATTEND REGULARLY.
NON-ATTENDING STUDENTS WILL HAVE TO SIT AN ORAL EXAM BASED ON THE INSTRUCTIONS CONTAINED IN THE READING LIST, WITH ADDITIONAL EXPLANATION OF THE TEACHER.

	Verification of learning
	FINAL ORAL EXAM WITH A MAX-RATING OF THIRTY. GREAT ATTENTION ON ACTIVE STUDENT'S PARTECIPATION. THE TEST FOCUSES ON EUROPEAN LEGAL TECHNIQUES OF CONTRACT LAW, TO CHECK THE LEVEL OF KNOWLEDGE OF EUROPEAN LAW AND THE ABILITY TO UNDERSTAND ADVANCED PERSPECTIVES. STANDARDS OF JUDGEMENT ARE: 1. ABILITY OF AN ORGANIC AND CONSISTENT SPEECH, UNDERSTANDING FOR EVERY TYPE OF RECIPIENT, WITH TECHNICAL LANGUAGE AND CLARITY OF IDEAS; 2. ABILITY OF SYSTEMATIC FRAMEWORK, SELECTION OF PROBLEMS AND ARGUMENTATION; 3. MATURITY OF CRITICAL PROCESSING, LEGAL THEORIES AND JUDICIAL TRENDS IN CASES LAW. THE MAXIMUM EVALUATION OF 30/30 IS AWARDED WHEN THE STUDENT ARGUES A COMPLETE AND IN-DEPTH KNOWLEDGE OF THE THEORETICAL CONTENTS, AS WELL AS AN ABILITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. PRAISE IS GIVEN WHEN THE STUDENT SHOWS A SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIONAL CONTENT, PRESENTING THE TOPICS WITH CONSIDERABLE OWNERSHIP OF LANGUAGE AND AUTONOMOUS PROCESSING SKILLS, EVEN IN CONTEXTS DIFFERENT FROM THOSE PROPOSED BY THE PROFESSOR.

Verification of learning

FINAL ORAL EXAM WITH A MAX-RATING OF THIRTY. GREAT ATTENTION ON ACTIVE STUDENT'S PARTECIPATION. THE TEST FOCUSES ON EUROPEAN LEGAL TECHNIQUES OF CONTRACT LAW, TO CHECK THE LEVEL OF KNOWLEDGE OF EUROPEAN LAW AND THE ABILITY TO UNDERSTAND ADVANCED PERSPECTIVES.

STANDARDS OF JUDGEMENT ARE:
1. ABILITY OF AN ORGANIC AND CONSISTENT SPEECH, UNDERSTANDING FOR EVERY TYPE OF RECIPIENT, WITH TECHNICAL LANGUAGE AND CLARITY OF IDEAS;
2. ABILITY OF SYSTEMATIC FRAMEWORK, SELECTION OF PROBLEMS AND ARGUMENTATION;
3. MATURITY OF CRITICAL PROCESSING, LEGAL THEORIES AND JUDICIAL TRENDS IN CASES LAW.
THE MAXIMUM EVALUATION OF 30/30 IS AWARDED WHEN THE STUDENT ARGUES A COMPLETE AND IN-DEPTH KNOWLEDGE OF THE THEORETICAL CONTENTS, AS WELL AS AN ABILITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. PRAISE IS GIVEN WHEN THE STUDENT SHOWS A SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIONAL CONTENT, PRESENTING THE TOPICS WITH CONSIDERABLE OWNERSHIP OF LANGUAGE AND AUTONOMOUS PROCESSING SKILLS, EVEN IN CONTEXTS DIFFERENT FROM THOSE PROPOSED BY THE PROFESSOR.

	Texts
	S. SICA - V. D'ANTONIO - G.M. RICCIO, LA NUOVA DISCIPLINA EUROPEA DELLA PRIVACY, CEDAM, PADOVA, 2016 (CHAPTERS II, III, IV E X), E G. GIANNONE CODIGLIONE, INTERNET E TUTELE DI DIRITTO CIVILE, GIAPPICHELLI, TORINO, 2020 (CHAPTERS I, II, III, IV). ATTENDING STUDENTS MAY USE THE COMPLETE LECTURE NOTES AS AN ALTERNATIVE TO THE TEXTBOOK.