LLAW6046 LLAW
6199 - Master
of Laws in Information Technology Law - University
of Hong Kong Faculty of Law
LLAW 6046 Privacy & Data Protection
Course web pages: http://www2.austlii.edu.au/privacy/
Course Outline, Objectives & Assessment
1. Focus and objectives
1. Focus and objectives
1.1. General 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 Hong Kong laws, but emphasising their place in an emerging international
context of surveillance practices and privacy laws. The comparative international
aspects will focus on the Australian and New Zealand privacy laws (the
other two laws in the Asia-Pacific most similar to the Hong Kong law),
and the EU's privacy Directive (which influences all European laws, and
the Asia-Pacific laws).
1.2. Objectives
The objectives of teaching and studying this subject are:
1. 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.
2. To undertake a reasonably comprehensive and critical survey
of those laws (statutory and other) that protect information privacy, and
limit surveillance, and those that facilitate data surveillance. The emphasis
is on the law applying in Hong Kong (including the common law), and those
aspects of international and comparative law that are most relevant.
3 In particular, an assessment will be made of whether an international
privacy jurisprudence is emerging.
1.3. Pre-requisites
There are no other subjects as pre-requisites. Students will have to acquire
the necessary skills to use the subject's internet resources - ie use of
e-mail and use of the world-wide-web.
1.4. Issues and topics to be covered
The course is based around a detailed examination of the substantially
similar 'information privacy principles' (IPPs) that are the core of all
of the laws studied. There will be a systematic examination of the IPPs
dealing with the 'life cycle' of personal information: collection, storage,
use, disclosure, individual access, security and destruction. Remedies
in common law, equity and administrative law will be considered with their
IPP equivalents. The role of privacy Commissioners, industry codes, Courts
and tribunals in enforcing privacy rights will be examined.
The other main emphasis of the course is on laws limiting surveillance,
and the relationship of those laws to information privacy laws.
A class-by-class outline can be found on the subject web pages
at http://www2.austlii.edu.au/privacy/scheduleHK.html
. The specific topics to be covered may vary from year to year, but in
2002 the topics planned to be covered are:
-
Theories of surveillance and privacy?
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Forms and sources of privacy law - Introduction
-
International development of privacy protection
-
Privacy protection under the general law
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Basic concepts and Collection principles
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Use and disclosure principles
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Access, correction and openness principles
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Other information privacy principles
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Enforcement and implementation of IPPs
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Identification, anonymity and pseudonymity (case study of the smart ID
card)
If time permits there may also be examination of information privacy laws
in a number of sectors where personal information is particularly important
and sensitive, such as.
-
Cyberspace privacy issues
-
Telecommunications privacy issues
-
Financial privacy issues
-
Health privacy issues
-
Workplace privacy issues
These topics are available as research essay topics, whether or not they
are taught in class, and some Reading Guides are available.
Other topics concerning privacy may be legitimate subjects for research
essays, and approval may be obtained (see below).
2. Teaching method
2.1. `Seminar + internet delivery' approach
The subject will be taught by a combination of discussion seminars and
internet delivery. There is one seminar class each week, plus email discussion
in between classes.
The weekly seminars, and the email discussion, will be based around
assigned reading, which will be set out in a series of hypertext Reading
Guides (sometimes also called 'Study Guides') for each topic (see http://www2.austlii.edu.au/privacy/scheduleHK.html).
The Reading Guides will indicate which reading is compulsory and which
reading is optional, and will cover both internet resources and print resources.
The seminars and the e-mail list will be the two mechanism for
class interaction each week.
Direct consultation with the teacher (ie not via the class list) will
be as usual - by e-mail, by telephone, or in person during office consulting
hours (see contact details below).
3. Materials and internet facilities
3.1. Materials
The principal course materials are as follows:
-
The required textbook is M Berthold and R Wacks Data Privacy Law in
Hong Kong, Sweet and Maxwell Asia, 1997. The first edition is out of
print and hard to find (but some copies are still on sale). The second
edition will not be available until later this year. A further announcement
will be made in class concerning availability of both. It is not needed
for the first few weeks.
-
Extensive online Reading Guides for each topic are provided on the subject's
web pages , listed at http://www2.austlii.edu.au/privacy/schedule.html
. The Reading Guides will indicate which reading is compulsory and which
reading is optional, and will cover both internet resources and print resources.
The Reading Guides require the use of a password for access, and are only
accessible to students in this subject and others to whom the teachers
allow access.
-
Privacy Law & Policy Reporter (PLPR - http://www.austlii.edu.au/au/journals/PLPR/),
a monthly Australian journal edited by G Greenleaf and N Waters, is the
single source of commentary which will be used most heavily in this subject.
Back issues of PLPR Vols 1-7 (1994-2001) are available on the web for free
access (see the subject home page). Some more recent issues may also be
added.
The Reading Guides identify many other internet and print resources which
are valuable for each topic.
4. Assessment (proposed)
Assessment on the basis of the following components is proposed, subject
to discussion in the Introductory Class.
4.1. Research Essay (50%)- Maximum length is 3000
words
Students will choose a research essay topic from a number of designated
topics, or a 'case study' as described below. The maximum word length for
the research essay is 3000 words, excluding citations and bibliography,
but including any discursive footnotes. The case study option will enable
a student to examine in depth the legality, use and effectiveness of data
surveillance techniques, and the effects of data protection law, on one
area of public administration or commercial practice chosen by them and
approved by the subject convener.
Essays must be handed in, in print form, at the Level 5
desk, so that a receipt may be obtained as is normally the case with essays.
Essays may not be submitted as e-mail attachments without permission.
4.2. End-of-Session Take Home Exam (50%)
There will be an End-of-Session Take Home Exam which will be problem-based,
and will require coverage of the whole subject. Approximately two weeks
will be allowed for completion of the Take Home Exam. The maximum word
length for the Take-Home Problem will be 3,000 words, excluding citations
and bibliography, but including any discursive footnotes. This is a strict
word limit - in the same sense as used for the Research Essay. The
same rules apply for the form of submission of the Take-Home Problem as
apply to submission of the Research Essay.
4.4. Other assessment information
Citation and other issues of academic standards
The essay and the take-home end-of-session assessment must be documented
according to normal academic standards, even though many (often most) of
the resources you are likely to cite are found on the world-wide-web. The
full URL must be given for all world-wide-web resources cited.
Take care to avoid plagiarism!: You must remember that, whether
you are using print or web sources, all sources which are (i) quoted, (ii)
paraphrased or (iii) relied upon for significant ideas (whether or not
quoted or paraphrased) must be cited, usually by a footnote on each occasion
of use. If you do not do so, this is often detected, and may lead to failure
in the course and possible charges of academic misconduct. Don't risk your
career for the sake of a footnote, when you can get credit for good research
and documentation instead.
Relationship between objectives and assessment
The objective of requiring a reasonably comprehensive coverage of existing
law, and assessing problem-solving skills, is satisfied by the Take Home
Problem, whereas the Research Essay allows students to specialise in a
topic in which they are particularly interested, and to research, analyse
and argue policy questions.
5. Contacts
Graham Greenleaf
Professor of Law, University of New South Wales
Distinguished Visiting Professor (2001-02) University of Hong Kong
Faculty of Law
Mail: Faculty of Law, University of Hong Kong, Pokfulam
Road, Hong Kong
Office: Room 502, KK Leung Bldg
Tel: +852 2859 2931 (Office HKU) +852 2819 4324 (Home
HK)
Fax: +852 2559 3543 (UHK), +852 2819 4324 (Home HK)
E-mail: g.greenleaf@unsw.edu.au or graham@austlii.edu.au
19 September 2002