96812 - SEM. TUTELA DEI DATI PERSONALI E LIBERTA' RELIGIOSA

Learning outcomes

At the end of the seminar, the student is aware of the need to combine collective and individual religious freedom in a field in which personal data that could reveal religious beliefs – which the EU Regulation 2016/679 includes among the “special categories of personal data” (“sensitive data”) – are processed. The student is also capable of understanding and managing the peculiar incidence of religious laws in Italy with regard to the protection of personal data in light of the principles of secularity of the State and of denominational autonomy (articles 7.1 and 8.2 of the Italian Constitution).

Course contents

- The processing of personal data in European Union law: from Directive 95/46/EC to EU Regulation 2016/679 (General Data Protection Regulation: GDPR)

- The processing of personal data in Italian law: from legislative decree 675/1996 to legislative decree 196/2003 (as amended by legislative decree 101/2018)

- Current legislation: subjective and objective scope of application; definitions; principles that apply to the processing of personal data; conditions of data processing lawfulness; disclosure requirements; “list” of rights of the data subject; subjects concerned: controller, processor, data protection officer; security of personal data; data protection impact assessment; supervisory authorities; personal data breach; judicial remedy; sanction system

- The processing of personal data of a religious nature: analysis of article 9 GDPR

- Ecclesiastical law implications of data processing in Italy in light of the principles of secularity of the State and of denominational autonomy (articles 7.1 and 8.2 of the Italian Constitution). An emblematic case: the request for erasure from the baptismal register (the so-called “debaptism”)

- The contribution of religious laws: the “comprehensive” set of rules “in line with” the GDPR (article 91.1)

- The experience of the Catholic Church in Italy: the ‘Provisions on the protection of the right to a good reputation and to privacy’ (Disposizioni per la tutela del diritto alla buona fama e alla riservatezza, May 25, 2018) and the clarifications from the National Office for legal affairs of the Italian Bishops’ Conference

- The regulation for ecclesiastical archives in the Ius Ecclesiae and in bilateral law

- The rules of particular law laid down by the episcopates of other European countries (e.g. Spain, Germany, Poland)

- The “specific” supervisory authority for churches, associations and religious communities: problematic issues of article 91.2 GDPR and its reception in Canon law

- The protection of personal data in the laws of denominations other than Catholicism

- The processing of personal data of a religious nature in the case-law of the Court of Justice of the European Union and of the European Court of Human Rights

Readings/Bibliography

Attending students will be provided with texts, materials and resources to analyze the topics covered during the seminar.

Teaching methods

The course will develop through frontal teaching lectures held by the teacher.

Lectures will be given in the I st semester. As a consequence, students obtaining their attendance certificate in the current academic year are allowed to take their exam only from the month of January. The exam program corresponds to the topics of the course.

The teacher uses slides (or other supplementary material) that will be made available to students on the Virtuale (Virtual Learning Environment) platform.

The students who attend the course will be invited to take part actively in the analysis of the themes studied in class: they will also be given the opportunity to prepare – with the assistance of the teacher – a paper about specific issues they’re particularly interested in, which will be evaluated during the final exam and will concur to the overall assessment.

Assessment methods

The verification of learning consists in a final exam which will explore the acquisition of knowledge and skills requested through an oral examination sustained directly with the professor.

The exam will cover the issues described in the “Course contents” section. The examination entails the assignment of a grade.

In this way the student will be able to show not only the learned knowledge, but also the critical and methodological capacities gained. In the same time he will have to demonstrate to have some specific abilities. First of all, the possession of a mastery of expression and an appropriate technical language. The second one is the ability to move in safely within the system of the sources of this matter. The student moreover must have a clear perception of the information received and, finally, he must have properly understood the issues addressed in class and elucidated in the textbooks of reference. Learning such skills is easier during the course, the attendance of which is recommended in order to improve the learning process and therefore the student’s performance during the exam.

The students who attend the course will also be given the opportunity to prepare – with the assistance of the teacher – a paper about specific issues they’re particularly interested in, which will be evaluated during the final exam and will concur to the overall assessment. Students who need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures: the same also applies with regard to the final exam.

Students have to book the final exam on the web application AlmaEsami.

Teaching tools

Durante lo svolgimento delle lezioni saranno indicati e forniti e materiali integrativi per completare la preparazione.

Il docente si avvale di slides che saranno messe a disposizione degli studenti nella piattaforma Virtuale (Virtual Learning Environment) per facilitare la comprensione e l'assimilazione dei concetti spiegati e degli istituti illustrati.

Gli studenti che per ragioni dipendenti da disabilità o disturbi specifici dell'apprendimento (DSA) necessitino di strumenti compensativi potranno comunicare alla docente le loro esigenze in modo da essere indirizzati ai referenti e concordare l'adozione degli accorgimenti più opportuni.

Office hours

See the website of Manuel Ganarin