96011 - DIRITTO EUROPEO DELLA PRIVACY

Academic Year 2021/2022

  • Docente: Juri Monducci
  • Credits: 6
  • SSD: IUS/01
  • Language: Italian
  • Moduli: Juri Monducci (Modulo 1) Juri Monducci (Modulo 2)
  • Teaching Mode: Traditional lectures (Modulo 1) Traditional lectures (Modulo 2)
  • Campus: Ravenna
  • Corso: First cycle degree programme (L) in Legal Consultant in Business and Public Administration (cod. 9242)

    Also valid for Single cycle degree programme (LMCU) in Law (cod. 9233)

Learning outcomes

At the end of the course, the student acquires the knowledge about the data protection right in the European Union and italian laws and learns how to proceed with the processing of personal data in compliance with the regulations in force.

Course contents

The module will focus on the study of the legal discipline of data protection legislation, both European and Italian, combining the theoretical perspective - which will move from the direct analysis of the European and national regulatory sources - with a case-based approach based on the examination of jurisprudence and practice of the European Committee and the Guarantor for the Protection of Personal Data.

The Module, in particular, will address and deepen, in the ways highlighted above, the following topics:

- the object of the protection: from the right to confidentiality to the right to the protection of personal data;
- the history of data protection legislation: from Directive 95/46/ EC to EU Reg. 679/2016 (GDPR);
- the material and territorial application of the GDPR;
- the definitions: from "personal data" to "processing of personal data";
- the subjects involved in the processing of data: Data Controller, Data Processor, Representative, Data Subject, Person acting under the authority of controller or processor, Data Protection Officer;
- the fundamental principles regarding data processing and the principle of lawfulness;
- impact assessment and prior consultation;
- the rights of the data subject;
- security measures;
- the transfer of personal data;
- civil liability and criminal responsibility;
- the means of administrative and judicial protection.

Readings/Bibliography

For the purpose of the examination, the following text must be studied, available on https://fra.europa.eu/sites/default/files/fra_uploads/fra-coe-edps-2018-handbook-data-protection_en.pdf:

COUNCIL OF EUROPE, Manuale on European data protection law, 2018 edition, from p. 17 on p. 301, also available in "Virtual", the Unibo e-learning platform (https://virtuale.unibo.it /).

For assisting in reading and case studies, students are advised to use the text of EU Reg. 679/2016, available on https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679&from=IT and in "Virtuale".

The materials used as case studies will be indicated from time to time by the teacher during the lesson, and uploaded at the end of the lesson on "Virtual".

Teaching methods

The topics will be explored and discussed in the classroom starting from the reading - led by the teacher - of the relevant rules and through the illustration of case law and provisions of the European Committee and/or the Indipendent authorities involved.

Attending students will be actively involved in the discussion so that they develop the hermeneutical and critical skills necessary for a correct approach to matters of positive law. This will happen in a particularly evident way when in class case law cases will be exposed and treated, with respect to which students will be asked to examine the way in which the rules are used to support the opposing arguments of the parties involved and to extract the legal principles and their implications.

Assessment methods

The exam consists of a written test (maximum time available 60 minutes) consisting of:

-18 closed-ended questions (multiple choice), with four possible answers, of which only one is correct;

- 1 open-ended question.

The final grade consists of the sum of the following scores:

- 1 point for each correct answer to the 18 closed-ended questions [There are no penalties for those who do not answer correctly or do not answer at all to one or more closed-ended questions];

- 1 to 12 points for the correct answer to the open-ended question [More specifically, the following will be awarded: 2-4 points in the event of a sufficient or slightly more than sufficient answer, which denotes a limited critical capacity and a certain difficulty in the use of technical-legal language; 6-8 points in the case of a fair or good answer, which denotes a fair or good critical capacity, and a fair or good use of the technical-legal language; 10-12L points in the case of a very good or excellent answer, which denotes a remarkable critical ability and a full command of the technical-legal language].

To register for the exams it is necessary to use the AlmaEsami system. Late registrations with respect to the deadlines indicated on AlmaEsami and / or off the list are not allowed.

The exam grade will be the result of the average of the marks obtained in both modules.

Teaching tools

Students who, for reasons dependent on disabilities or specific learning disorders (DSA), need compensatory tools can communicate their needs to the teacher in order to be directed to the referents and agree on the adoption of the most appropriate measures.

Office hours

See the website of Juri Monducci