UNSW LAW : LAWS3037 - Data Surveillance and Information Privacy Law

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LLM Specialisation

This course may be counted towards LLM specialisation in Media, Communications and Information Technology Law.

Units of Credit: 8

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 these Australian laws, but also considers their place in an emerging international context of surveillance practices and privacy laws. This comparative international focus will be enhanced by the involvement of UNSW students in a joint email discussion group with European students in Oslo.

Objectives

The objectives of teaching and studying this subject are:

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
To introduce the international agreements influencing Australia's domestic privacy laws
To undertake a reasonably comprehensive and critical survey of the key general laws (statutory and other) that protect information privacy and those that facilitate data surveillance. The emphasis is on the law applying in New South Wales (State, Federal and common law), and those aspects of international law that are relevant
To obtain a more in-depth understanding of the operation of data surveillance and data protection practices and these laws in a selected area of business, government or society, depending on individual interests

Main Topics

Overview of information privacy; Brief history of privacy legislation in Australia
What is privacy / surveillance? - Theories
Special topic: The new Australia Card
International development of privacy legislation
General law protection of privacy
Key concepts in privacy laws and IPPs
Enforcement and administration of privacy laws
Collection principles
Surveillance laws
Use and disclosure principles
Access and correction principles
Other information privacy principle (security, sensitive information etc)