Online Privacy, Defamation & Data Protection Law

LAWS70622 Online Privacy, Defamation & Data Protection Law 30 Semester 1 Postgraduate Taught Level 7 Fiona Brimblecombe Unit coordinator 1 FHEQ level (Framework for Higher Education Qualifications) ' Undefined ' European Credit Transfer & Accumulation System Rating : 15.0 The unit will have four sections:i) introduction & original research skillsii) online privacy & the ‘right to be forgotten’iii) online defamationiv) data protectionThe sections will be delivered in the above order. The latter three sections are substantive legal topics. The first section will be shorter than the subsequent three, and will offer a broad overview of the legal areas covered in the course and set the unit into context. In addition to an introductory element, the first section will contain a synchronous activity (an online seminar) that centres on academic writing, building rigorous legal arguments (at PGT level) and research skills. The topic of online privacy & the ‘right to be forgotten’ will cover the complex history of privacy law in England and Wales, closely intertwined the ECHR and the HRA 1998, as well as reform (proposed ‘Bill of Rights’ circa June 2022). It will examine the change to society that the rise in social media and the internet has prompted, and the perennial problem of private information as disclosed online – and what laws can counterbalance this such as misuse of private information and Article 17 of the GDPR. The topic will also cover the importance of freedom of expression online, providing a counterbalance to privacy interests. The topic of online defamation will frame the historical tort (that again has been heavily influenced by Articles 8 and 10 ECHR) and reform in the 2013 Act. In particular, s.5 of the DA 2013 will be discussed – protection for online intermediaries when defamatory content is posted to a website. There has been a vast increase in defamation online rather than through traditional media in the last decade, and the courts demonstrate a difference in approach to both. The final substantive section will consider the history of EU data protection law (the 1995 Directive), inefficiencies, the adoption of the GDPR, and its effectiveness and implementation across the EU and the UK – and the problems that Brexit has caused, and proposed reform (Data Rights Bill). The unit will have four sections:i) introduction & original research skillsii) online privacy & the ‘right to be forgotten’iii) online defamationiv) data protectionThe sections will be delivered in the above order. The latter three sections are substantive legal topics. The first section will be shorter than the subsequent three, and will offer a broad overview of the legal areas covered in the course and set the unit into context. In addition to an introductory element, the first section will contain a synchronous activity (an online seminar) that centres on academic writing, building rigorous legal arguments (at PGT level) and research skills. The topic of online privacy & the ‘right to be forgotten’ will cover the complex history of privacy law in England and Wales, closely intertwined the ECHR and the HRA 1998, as well as reform (proposed ‘Bill of Rights’ circa June 2022). It will examine the change to society that the rise in social media and the internet has prompted, and the perennial problem of private information as disclosed online – and what laws can counterbalance this such as misuse of private information and Article 17 of the GDPR. The topic will also cover the importance of freedom of expression online, providing a counterbalance to privacy interests. The topic of online defamation will frame the historical tort (that again has been heavily influenced by Articles 8 and 10 ECHR) and reform in the 2013 Act. In particular, s.5 of the DA 2013 will be discussed – protection for online intermediaries when defamatory content is posted to a website. There has been a vast increase in defamation online rather than through traditional media in the last decade, and the courts demonstrate a difference in approach to both. The final substantive section will consider the history of EU data protection law (the 1995 Directive), inefficiencies, the adoption of the GDPR, and its effectiveness and implementation across the EU and the UK – and the problems that Brexit has caused, and proposed reform (Data Rights Bill). • Understand the background and content of contemporary English and European law concerning privacy and defamation online.• Grasp current issues in UK/EU data protection rights, law and policy; including any plans for reform.• Familiarise students with law across multiple jurisdictions with respect to privacy/reputation online; in order to effectively protect reputation rights on the web, different levels (national, supranational) and types of law are relevant. For example: UK domestic law, EU regulations/directives, and the European Convention on Human Rights will all be considered on the course.• For the cohort to emerge as thoughtful student-researchers with respect to personality rights online and data protection, able to discuss current affairs and legal problems in the area, and to write original research pieces on the topics.   Demonstrate a knowledge of UK defamation and privacy law, as well as data rights present in the GDPR that apply across Europe. In doing so, students will have a confident grasp of black-letter national laws (such as the Defamation Act 2013) and international instruments and laws (the ECHR/Charter of Fundamental Rights/GDPR) as well as demonstrate a rigorous understanding of common law principles (judge-made law). Students will emerge with an ability to digest and critique high-level legal publications (such as those presented in high-quality journal articles and monographs) concerning personality rights online. Students will also be able to demonstrate advanced critical thinking skills in respect of the issues covered. Students will be able to critique and reflect on legislative policy and the effectiveness of court judgments in the area. Students will develop rigorous independent research skills in the field of privacy/defamation/data protection; this includes recognising appropriate primary and secondary sources and utilising them in an effective and impactful manner. The course will encourage peer-to-peer learning and participation, which will develop public speaking skills. The course will engage students in an awareness of current socio-political affairs related to data protection law and policy (as many of the areas taught are undergoing reform due to ongoing political concerns), confidence in discussing complex legal issues in detail (through peer-to-peer learning), and an ability to formulate original arguments and ideas. 0 Other 10% 2 Written assignment (inc essay) 60% 7 Oral assessment/presentation 30% <ul> <li>Brimblecombe, F. & Fenwick, H. ‘Keeping control of personal information in the digital age: Efficacy and equivalence of tortious and GDPR/DPA relief?’ (2022) 138(Jul) LQR 456</li> <li>--- & ---, ‘Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information’ (2022) 73 NILQ 26</li> <li>Erdos D., European Data Protection Regulation, Journalism, and Traditional Publishers: Balancing on a Tightrope? (OUP, 2020)</li> <li>Ausloos J., The Right to Erasure in EU Data Protection Law (OUP, 2020)</li> <li>Craig, R. & Phillipson, G. P., ‘Privacy, Reputation and Anonymity until Charge: ZXC goes to the Supreme Court’ (2022) 13(2) Journal of Media Law 153</li> <li>Brimblecombe F., and Phillipson G.P., ‘Regaining digital privacy? The new ‘right to be forgotten’ and online expression’ (2018) 4(1) Canadian Journal of Comparative and Contemporary Law 1-66</li> <li>Werro F. (ed) The Right to be Forgotten: A Comparative Study of the Emergent Right's Evolution and Application in Europe, The Americas, and Asia (Berlin and New York: Springer, 2020)</li> <li>Warren S. and Brandeis L., ‘The Right to Privacy’ (1890) 4(5) Harvard Law Review 193.</li> <li>Bernal P., What Do We Know and What Should We Do about Internet Privacy? (Sage 2020)</li> <li>Phillipson G. P., ‘The “global pariah”, the Defamation Bill and the Human Rights Act’ (2012) 63(1) NILQ 149.</li> <li>Wragg P, A free and Regulated Press (Hart, 2020)</li> <li>Mullis A. and Scott A., ‘Tilting at Windmills: the Defamation Act 2013’ (2014) 77(1) MLR 87</li> <li>Koltay A., ‘Defamation on the internet: the role and responsibilities of gatekeepers’ in András Koltay and Paul Wragg (eds), Comparative Privacy and Defamation (Edward Elgar 2020) 290.</li> <li>Bieker F., The Right to Data Protection (Springer, 2022)</li> <li>Mayer-Schönberger, Delete: The Virtue of forgetting in the digital age (Princeton, 2009)</li> <li>Solove D. and Schwartz P., EU Data Protection and the GDPR (Aspen, 2020)</li></ul> 0 0 0