The course Protection of personal data in the course of studies for bachelor’s degree in Scienze giuridiche per la consulenza del lavoro e la sicurezza dei lavoratori (legal sciences for labor consultancy and worker safety) aims to provide students with the main tools in order to understand the fundamental right to Data Protection, according to Theory of Law and Case Law, in connection with the right to privacy and with the other rights of personality, and also according to the operational application point of view.

Therefore, this course is characterized by a theoretical-practical methodological approach: after getting the classification of the sources of supranational and constitutional law, the student will learn the European and Italian law in this field and,  at the same time, she/he will receive a reasoned analysis of jurisprudential cases and the decision-making practice of the Italian Data Protection Authority “Garante per la protezione dei dati personali”, also through thematic analysis during seminar sessions. 

The course lasts a semester.

The course will provide students with the theoretical and practical tools in order to understand general lines and the fundamentals of the right to privacy and data protection.

The following topics will be faced, explained in two parts:

Part I - The protection of personal data: theoretical profiles

1) Protection of fundamental rights and protection of personal data, in the Italian and European constitutional framework, with particular attention to the evolution and positivization of the so-called diritti della personalità (rights of personality), the right to privacy and, finally, to the affirmation of the right to protection of personal data as an autonomous and protected legal position.

2) Directive 95/46 /CE, the first Italian legislation and the Codice per la protezione dei dati personali (Personal Data Protection Code): principles, definitions, institutes, protection tools.

3) The new EU General Data Protection Regulation (EU Regulation 2016/679): the choice for a self executing instrument and the law-making process; material scope and territorial scope; the general principles relating to processing of personal data; Lawfulness of processing and the role of the consent; Special categories of personal data; the subjects of the processing; rights and the interests of the data subject and the protection tools;

4) The impact of European regulation on the sources of the Italian law system and the 2018 legislation which amended the Personal Data Protection Code (Legislative Decree n. 196/2003 as amended by Legislative Decree n. 101/2018).

Part II - The protection of personal data: practical and application profiles

- the accountability of the controller and main related items (privacy by design, privacy by default, DPO - data protection officer, DPIA - Data Protection Impact Assessment); the Supervisory Authority, Cooperation and consistency mechanisms between the Authorities. 

- data processing by public entities and entities who pursue public interest; In this context Principle of Transparency and the new Italian F.O.I.A will be also considered;

- Processing of special categories of personal data and focus on the right to anonymity of the natural mother;

-     Data processing in the world of the Internet and electronic communication, Big Data and its impact on sovereignty

Constitutional law

A) knowledge and understanding:  Student should demonstrate the acquisition of a good knowledge of the data protection rules in the European and Italian context, and then a special capacity to understand the main DPA practices and case law, also through the support of textbooks and insights carried out during the lessons. They will have to demonstrate a deep knowledge of Italian and European law seizing them in the literal, historical and systematical dimension.

B) applying knowledge and understanding): Students should demonstrate the ability to elaborate and adequately argue about various aspects of the protection of personal data, interpreting and applying the rules, even referring to contexts and concrete and specific cases, identifying, interpreting and applying the rules on a case-by-case approach.

C) making judgments: Student should demonstrate the ability to integrate the acquired knowledge and, thanks to the interpretation of relevant data collected in jurisprudential investigation, legislation and regulatory practice of Data Protection Authority, They will have to be able to take a clear position, arguing it effectively and identifying the critical areas in the protection provided by law, also regarding to the implementation of new European law.

D) Communication skills: Student will have to demonstrate a clearly and technically appropriate ability to communicate her/his observations and conclusions in the debates during the lectures, the specific meetings and the practice test. She/he will prove the acquisition of the necessary legal awareness, in order to elaborate legal texts and documents in judicial and extrajudicial contexts. Student will be able to speak and argue clearly, coherently and in a  pertinent way, coherently with the legal language, both with the lecturer and with the colleagues.

E) Learning skills:  Student should demonstrate to have developed those learning skills that allow them to continue studying with a high degree of autonomy, with particular concern to a better understanding of other areas of protection of fundamental rights. She/he will demonstrate the acquisition of the capacity to interpret and apply national law standards also in relation to supranational legal systems. They’ll be able to reach the capacity to find, autonomously and through databases, rules, jurisprudence and decisions of the Data Protection Authority.

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Tutorial meetings can be organized for attending students.

Any further teaching material could be reported in class by professor.

For the Case-law of the Constitutional Court, students are invited to consult the following sites:

www.cortecostituzionale.it

www.giurcost.org

For the decisions of the Italian Data Protection Authority:

www.gpdp.it

For the practices and guidelines of the European Data Protection Authorities  ad the guidelines of the European Data Protection Board:

www.edpb.europa.eu

The teaching material will be made available by the professor, along with other support activities, within the Moodle platform > blended.uniurb.it. Further material will be indicated by the lecturer during lessons.

Teaching

Frontal lessons and working groups;

General part: Frontal lessons

Special part: Frontal lessons, thematic seminars and eventual lectures/conferences provided by Italian and foreign teachers.

Attendance

Attendance is not mandatory

Course books

The study of the following books and papers is mandatory:

- L. Califano, - L. Califano, Privacy: affermazione e pratica di un diritto fondamentale, Editoriale Scientifica, Napoli,2016 (the entire book, except chapters VI and VIII). 

-     L. Califano, Il Regolamento UE 2016/679 e la costruzione di un modello uniforme di diritto europeo alla riservatezza e alla protezione dati personali, in L. Califano, C. Colapietro (a cura di), Innovazione tecnologica e valore della persona. Il diritto alla protezione dei dati personali nel Regolamento UE 2016/679, Editoriale Scientifica, Napoli,2017, pp. 3-56 (chapter in a book).

Any other study material about the general EU Regulation 679/2016 will be reported

by the lecturer and made available to non-attending students by Moodle-blended

learning platform.

Assessment

In order to verify the individual preparation at the end of the course, the student will take an oral exam.

This mode has been chosen because it is considered by the professor as the best way to guarantee the full evaluation of the ability and knowledge gained during this course.

In this way the lecturer will be able to evaluate communication skills of each student in relation to the peculiar lexicon of this course.

Attending students will be able to carry out test through work dedicated to the case law and the decisional practice of the Italian Data Protection Authority, with mode established during lessons. It’s always available, for the student, the possibility to attend the full exam, since the end of the course.

The learning level will be tested by the formulation of three or more questions. The evaluation criteria and scores are determined according to the following scale: 

Less than 18/30 - insufficient level: the candidate doesn’t reach any of the learning targets required by "knowledge and understanding ability" point;

   

18-20 / 30 - sufficient level: the candidate reaches, in particular, the learning level required by "knowledge and understanding ability" point;   

21-23 / 30 - fully sufficient level: the candidate reaches the learning level provided by "knowledge and understanding ability" and "knowledge and applied skills comprehension“ points;

24-26 / 30 - good level: the candidate reaches the learning level required in "knowledge and understanding ability”, " Knowledge and applied comprehension skills " and "independent judgment" points;

27-29 / 30 - very good level: the candidate reaches the learning level required in "knowledge and understanding ability”, " Knowledge and applied comprehension skills “; "independent judgment" and " communicative skills” points;

30-30 with honours - excellent level: the candidate fully achieves the learning level required in "knowledge and understanding ability”, " Knowledge and applied comprehension skills “; "independent judgment”; " communicative skills” and "learning capacity " points.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Teaching

The lecturer can be contacted trough the institutional email address licia.califano@uniurb.it.

Attendance

Attendance is not mandatory.

Course books

The study of the following texts is mandatory:

-    L. Califano, - L. Califano, Privacy: affermazione e pratica di un diritto fondamentale, Editoriale Scientifica, Napoli,2016 (the entire book, except chapters VI and VIII).

-     L. Califano, Il Regolamento UE 2016/679 e la costruzione di un modello uniforme di diritto europeo alla riservatezza e alla protezione dati personali, in L. Califano, C. Colapietro (a cura di), Innovazione tecnologica e valore della persona. Il diritto alla protezione dei dati personali nel Regolamento UE 2016/679, Editoriale Scientifica, Napoli,2017, pp. 3-56 (chapter in a book).

Any other study material about the general EU Regulation 679/2016 will be reported by the lecturer and made available to non-attending students by Moodle-blended learning platform

Assessment

In order to verify the individual preparation at the end of the course, the student will take an oral exam.

This mode has been chosen because it’s considered by the lecturer as the best way to guarantee the full evaluation of the ability and knowledge gained during this course. 

The learning level will be tested by the formulation of three or more questions. The evaluation criteria and scores are determined according to the following scale: 

Less than 18/30 - insufficient level: the candidate doesn’t reach any of the learning targets required by "knowledge and understanding ability" point;

   

18-20 / 30 - sufficient level: the candidate reaches, in particular, the learning level required by "knowledge and understanding ability" point;   

21-23 / 30 - fully sufficient level: the candidate reaches the learning level provided by "knowledge and understanding ability" and "knowledge and applied skills comprehension“ points;

24-26 / 30 - good level: the candidate reaches the learning level required in "knowledge and understanding ability”, " Knowledge and applied comprehension skills " and "independent judgment" points;

27-29 / 30 - very good level: the candidate reaches the learning level required in "knowledge and understanding ability”, " Knowledge and applied comprehension skills “; "independent judgment" and " communicative skills” points;

30-30 with honours - excellent level: the candidate fully achieves the learning level required in "knowledge and understanding ability”, " Knowledge and applied comprehension skills “; "independent judgment”; " communicative skills” and "learning capacity " points. 

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

The exam can be taken in English, French or Spanish language according to the request of the student.