The Protection of Personal Data, in the curriculum in Legal Sciences for Employment Counselling and Workers' Safety, is designed to provide students with the essential tools for understanding the fundamental right to personal data protection both from a theoretical and case-law perspective, in connection with the right to privacy and, more generally, with other personality rights, and from an applicative perspective.

The course has a theoretical-practical approach. After an overview of the supranational and constitutional sources, the student will learn about European and Italian legislation in this domain, combining study of these sources with a reasoned analysis of case law and the decision-making practice of the Italian Data Proteciton Authority (Garante per la protezione dei dati personali), also by means of in-depth thematic seminars.

The course methodology combines traditional lectures with innovative-experimental techniques (Debate, Flipped Learning and use of the Moodle-blended learning platform). These are aimed at developing both basic and higher cognitive knowledge. Through direct confrontation with the lecturer and class works (Teaching Working Class), the course is intended to stimulate the learning process through more effective student involvement and better organisation of the material, in order to facilitate knowledge processes during the course.

The course lasts one semester.

The course will provide students with the tools for theoretical and practical understanding of the general outlines and fundamentals of privacy and data protection.

The following topics will be addressed, developed over two parts:

Part One - Data Protection: Theoretical Profiles

1)     Concept of privacy, main privacy theories (non-intrusion, non-interference, control and access), privacy and new technologies.

2)     Protection of personal data in the Italian and European constitutional framework, with particular attention to the evolution and positivisation of the so-called personality rights, the right to privacy and, finally, the establishment of the right to the protection of personal data as an autonomously protected subjective legal position.

3)     The General Data Protection Regulation (EU Regulation 2016/679): the choice of the self-executing instrument and the approval process; material and territorial scope of application; the general principles of processing; the bases for lawful processing; the role of consent and legitimate interest; the special categories of personal data; the subjects of processing; the rights of the data subject; remedies and sanctions;

4)     The impact of the GDPR on the Italian legal system and the implementing legislation that amended the Personal Data Protection Code (Legislative Decree no. 196/2003 as amended by Legislative Decree no. 101/218).

Part Two - Data Protection: Practical and Application Profiles

-  The principles of accountability (privacy by design and privacy by default, security measures, privacy impact assessment, the data protection officer (DPO)); the role of the independent supervisory authorities, cooperation and consistency mechanisms between supervisory authorities.

-  digital privacy and challenges for democracy: personal data on the Internet, profiling and electronic communications, big data, artificial intelligence and automated decision-making.

-  data processing by public entities and entities carrying out public interest tasks; focus on transparency of the Public Administration in the light of the new Freedom Of Information Act (FOIA);

-  processing of special categories of data; biometric data, genetic data and focus on the right to anonymity of the birth mother.

Constitutional law

a)     Knowledge and ability to understand: The student will have to demonstrate that he/she has acquired a good knowledge of the regulations on the protection of personal data, in the European and Italian contexts and a particular ability to understand, starting from the normative context, the main decision-making practices, also through the support of the textbooks and the in-depth studies carried out during the lectures. He/she will demonstrate an in-depth knowledge of the internal and European rules by grasping them in their literal, historical and systematic dimension (knowledge and understanding).

b)     applied knowledge and understanding: The student shall demonstrate the ability to elaborate and argue adequately on various aspects of the protection of personal data, interpreting and applying the rules of the legal system, also with reference to concrete and specific contexts and cases, identifying, interpreting and applying the rules that, from time to time, contribute to characterise the case in question (applying knowledge and understanding).

c)     Autonomy of judgement: The student must demonstrate the ability to integrate the knowledge acquired and, by interpreting the relevant data gathered in the context of case law research, legislation and the decision-making practice of the Italian Data Protection Authority, must be able to make his or her up mind, argue and identify the critical areas of legal protection, also in relation to the implementation of the new European regulation (making judgements).

d)     communication skills: The student will demonstrate the ability to communicate in a technically clear and appropriate manner his or her own considerations and conclusions in the context of the debate that may arise in the course of the lectures, in the in-depth meetings, and in the exercises, demonstrating that he or she has acquired the necessary legal sensitivity to elaborate legal texts and documents in judicial and extrajudicial contexts. The student is expected to interact and argue in a clear, coherent and relevant manner in legal language, both with the lecturer and with his/her colleagues (communication skills).

e)     ability to learn: The student must demonstrate that he/she has developed those learning skills that will enable him/her to continue the study with a high degree of autonomy, with particular reference to the deepening of knowledge of further areas of the protection of fundamental rights. The student will also have to demonstrate that he/she has acquired the ability to interpret and apply the rules of the domestic legal system also in relation to supranational systems; to autonomously and via databases find the rules, case law and decisions of the Italian Data Protection Authority for the protection of personal data (learning skills).

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

Explanatory meetings and tutoring can be organised for attending students.

Any additional teaching material will be pointed out in class.

For the case law of the Constitutional Court, students are advised to consult the following sites:

-  www.cortecostituzionale. it

-  www.giurcost.org

For measures of the Italian Data Protection Authority:

-  www.gpdp.it

For the jurisprudence of the European Court of Justice:

-  https://curia.europa.eu

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

-  www.edpb.europa.eu

Teaching

For the general part: Lectures

For the special part: Lectures; thematic in-depth seminars and possible interventions/conferences of Italian and foreign lecturers; innovative-experimental teaching, in particular debate (3 meetings) and filpped learning (3 meetings). The innovative-experimental didactics lessons are organised with the aim of providing students with an opportunity for in-depth study in relation to some topics of interest concerning the application profiles of the GDPR, the case law and the decision-making practice of the Italian Data Protection Authority, declined in a practical perspective.

Student reception is aimed at providing clarification and a possible review of the key topics of the programme covered in class. The reception will be held in person or online Wednesday afternoons from 4 p.m. onwards. Students who request an online reception must inform the lecturer in advance.

For information and further communication, please contact the lecturer via the institutional e-mail address federico.galli@uniurb.it.

Innovative teaching methods

Debate, Flipped Learning e Moodle-blended learning

Attendance

Course attendance is not compulsory.

Course books

The study of the following texts is compulsory:

-  L. Califano, Privacy: affermazione e pratica di un diritto fondamentale, Editoriale Scientifica, Napoli,2016 (only Chapter I uploaded on blended platform) 

-  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. (caricato sulla piattaforma blended). 

-  V. Fiorillo, Il principio di proporzionalità da parametro di validità a fondamento del diritto alla protezione dei dati personali, in Federalismi.it, n. 15/2017 (caricato sulla piattaforma blended)

Possible supplementary study material will be pointed out in class by the lecturer and made available to non-attending students via the Moodle-blended learning platform

Assessment

In order to ascertain preparation at the end of the course, the student will take an oral test. This method of assessment was chosen because it was considered by the lecturer to be the most suitable for the full assessment of the skills and knowledge acquired in the context of the Protection of Personal Data course. In this way, the lecturer will be able to assess the student's communicative ability and linguistic skills in relation to the specific vocabulary of the course in question.

For attending students, there is the possibility of carrying out examinations by means of papers dedicated, in particular, to the application profiles of the GDPR and to the case law and decisional practice of the Italian Data Protection Authority, in the manner established during the lectures. This is without prejudice, in any case, to the possibility and choice of the student to take the examination in full, starting from the full conclusion of the course.

The expected learning outcomes will be assessed by the formulation of three or more questions. The assessment criteria and marks are determined according to the following scale:

-  less than 18/30 - insufficient level: the candidate does not achieve any of the learning outcomes under “knowledge and understanding”;

-  18-20/30 - level sufficient: the candidate achieves, in particular, the learning outcomes stipulated under “knowledge and understanding”;

-  21-23/30 - fully sufficient level: the candidate achieves, in particular, the learning outcomes stipulated under the points “knowledge and understanding” and “applied knowledge and understanding”;

-  24-26/30 - good level: the candidate achieves, in particular, the learning outcomes stipulated under the points “knowledge and understanding”; “applied knowledge and understanding” and “independent judgement”;

-  27-29/30 - very good level: the candidate achieves, in particular, the learning outcomes stipulated at the points “knowledge and understanding”; “applied knowledge and understanding”; “independent judgement” and “communication skills”;

-  30-30 with distinction - excellent level: the candidate fully achieves the learning outcomes set out in the points “knowledge and understanding”; “applied knowledge and understanding”; “independent judgement”; “communication skills” and “ability to learn”.

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 via the institutional e-mail address federico.galli@uniurb.it.

Attendance

Course attendance is not compulsory.

Course books

The study of the following texts is compulsory:

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

-  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.

Any supplementary study material and further study material on the EU General Regulation 679/2016 will be pointed out in class by the lecturer and made available to non-attending students via the Moodle-blended learning platform

Assessment

In order to ascertain preparation at the end of the course, the student will take an oral test. This method of assessment was chosen because it was considered by the lecturer to be the most suitable for the full assessment of the skills and knowledge acquired in the context of the Personal Data Protection and Protection course. In this way, the lecturer will be able to assess the student's communicative ability and linguistic skills in relation to the specific vocabulary of the course in question.

The expected learning outcomes will be assessed by the formulation of three or more questions. The assessment criteria and marks are determined according to the following scale:

-  less than 18/30 - insufficient level: the candidate does not achieve any of the learning outcomes under “knowledge and understanding”;

-  18-20/30 - level sufficient: the candidate achieves, in particular, the learning outcomes stipulated under “knowledge and understanding”;

-  21-23/30 - fully sufficient level: the candidate achieves, in particular, the learning outcomes stipulated under the points “knowledge and understanding” and “applied knowledge and understanding”;

-  24-26/30 - good level: the candidate achieves, in particular, the learning outcomes stipulated under the points “knowledge and understanding”; “applied knowledge and understanding” and “independent judgement”;

-  27-29/30 - very good level: the candidate achieves, in particular, the learning outcomes stipulated at the points “knowledge and understanding”; “applied knowledge and understanding”; “independent judgement” and “communication skills”;

-  30-30 with distinction - excellent level: the candidate fully achieves the learning outcomes set out in the points “knowledge and understanding”; “applied knowledge and understanding”; “independent judgement”; “communication skills” and “ability to learn”.

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 examination may be taken in English or Spanish at the student's request.

The Olympus Observatory is active in the Department for the permanent monitoring of legislation and case law on safety in the workplace. It carries out various activities including, in particular:

-  the management of a website with legislative, case law and contractual databases on safety at work,

-  in-depth analyses and articles, specialised reviews and thematic 'focuses';

-  the management of an online scientific journal - 'The Working Papers of Olympus', soon to change to 'Occupational Safety Law' (DSL) - on the subject of safety law in the workplace, with an ISSN code, a large international scientific committee and referencing procedures for the identification of essays for publication;

-  the organisation of conferences and seminars, including international ones.

This Observatory, whose website is freely accessible to all in a logic of public service, allows students of the degree course to find materials and documentation that are useful for their studies and the writing of their dissertations. It also offers, through the aforementioned conference and seminar meetings, the opportunity to exchange views with leading experts in the field and to analyse in depth the most sensitive issues relating to it. http://olympus.uniurb.it