76089 Privacy and Surveillance Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70616 Australian Constitutional Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78248 Privacy and Surveillance: Law and Policy AND 78249 Privacy and Surveillance: Law and Policy
Description
Issues surrounding privacy and surveillance are attracting increasing attention in contemporary public debate, fuelled, in no small way, by the emergence of new technologies. They are multi-faceted, controversial and challenging. This subject explores key legal and policy questions relating to invasion of personal privacy, data protection and retention, and surveillance of personal conversations, activities and location. It also tackles emerging issues and challenges prompted, in particular, by the advent of new technologies, including online privacy protection, anonymity/pseudonymity and the right to be forgotten. This necessitates travelling through disrupted legal terrain, formed by a complex mix of common law and statute, federal as well as state/territory laws. It also requires students to engage with a range of perspectives, ideas and interests. Understanding of key issues is further deepened by interrogating the wider contexts in which privacy and surveillance law operates and is informed, including theoretical, constitutional, policy and international settings. Students are also asked to critically evaluate a range of responses to privacy and surveillance issues including law reform proposals.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | To develop an understanding of privacy and surveillance law in Australia, including emerging questions and challenges prompted in particular by the advent of new technologies |
|---|---|
| 2. | To develop an understanding of the broader contexts in which privacy and surveillance law operate and are informed, including theoretical, policy, constitutional and international settings |
| 3. | To enhance the ability to critically identify and analyse key issues and perspectives regarding privacy and surveillance and to draw effectively upon a range of relevant materials to solve legal problems, tackle emerging issues and challenges and evaluate a range of responses |
| 4. | To develop and enhance the ability to communicate effectively, orally and in writing, concepts, views, analysis and arguments regarding privacy and surveillance legal issues, clearly, logically, persuasively and in an academic manner. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
Teaching and learning strategies
Strategy 1: Lectures, where appropriate, to introduce topics and provide further background to facilitate understanding of complex issues and concepts.
Strategy 2: Seminars, to provide an opportunity for students to critically explore, analyse and reflect on a range of relevant issues as well as to develop their oral communication skills. This format will provide students with an opportunity to test their knowledge and understanding as well as gain valuable feedback from their colleagues and the teacher on their thinking and approach to key issues.
Strategy 3: Independent study, to extend and deepen knowledge and understanding of relevant issues as well as to develop written communication skills.
Strategy 4: Teaching and learning in this subject will also be supported by UTSOnline
Content (topics)
1 Welcome and introduction to the subject. Overview of the Australian privacy and surveillance (legal) landscape. What are the issues?
2 What is privacy? What is surveillance?
3 Theoretical, constitutional, policy and international contexts
4 A common law action for invasion of privacy?
5 A statutory action for invasion of privacy?
6 Personal information privacy
7 Surveillance and private conversations, activities and location
8 Online privacy – an oxymoron?
9 Anonymity and pseudonymity
10 The right to be forgotten
11 Role and powers of the Privacy Commissioners (Federal and NSW)
12 Review and reflection
Assessment
Assessment task 1: Assignment 1
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
|---|---|
| Weight: | 40% |
| Length: | 1,000 words (excluding footnotes and the bibliography). A 10% deviation is permissible. |
| Criteria: | Development of a sustained thesis or argument addressing the question asked; knowledge and understanding of relevant law/theory/policy; critical analysis and evaluation of relevant issues including their identification and application of relevant law/theory/policy; scope of and engagement with relevant sources; structure and organisation; style and expression; referencing in accordance with the Faculty's preferred style (AGLC3). |
Assessment task 2: Assignment 2
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
|---|---|
| Weight: | 40% |
| Length: | 2,000 words (excluding footnotes and the bibliography). A 10% deviation is permissible. |
| Criteria: | Development of a sustained thesis or argument addressing the question asked; knowledge and understanding of relevant law/theory/policy; critical analysis and evaluation of relevant issues including their identification and application of relevant law/theory/policy; scope of and engagement with relevant sources; structure and organisation; style and expression; referencing in accordance with the Faculty's preferred style (AGLC3). |
Assessment task 3: Seminar Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
|---|---|
| Weight: | 20% |
| Length: | 1,000 words (notional) |
| Criteria: | Knowledge and understanding of relevant law/theory/policy; critical analysis and evaluation of issues and readings; willingness to contribute to seminar discussions in an informed way; oral communication skills; cooperative group discussion skills; attendance. |
Required texts
There is no prescribed text for this subject. Instead a Learning Guide has been prepared which will be made available on UTSOnline. It includes the Seminar Papers which provide a guide to each Seminar, including what to read/view/listen to beforehand, some discussion starter questions as well as suggestions for further reading. Most of the required readings are available as eReadings in the UTS Library's eReading collection ('Digital Resources Register'). For the remainder, students will be given sufficient information to locate these online. The Seminar materials may also be supplemented from time to time during the course of the semester as necessary.
Recommended texts
The following may be useful references:
Des Butler and Sharon Rodrick, Australian Media Law (Thomson Reuters, 4th ed, 2012) - new edition forthcoming in 2015.
Andrew Kenyon and Megan Richardson (eds), New Dimensions in Privacy Law: International and Comparative Perspectives (Cambridge University Press, 2006).
David Rolph, Matt Vitins and Judith Bannister, Media Law: Cases, Materials and Commentary (Oxford University Press, 2010) - new edition forthcoming in 2015.
Normann Witzleb, David Lindsay, Moira Paterson and Sharon Rodrick (eds), Emerging Challenges in Privacy Law: Comparative Perspectives (Cambridge Unviersity Press, 2014).
Some UK Texts:
Eric Barendt, Jason Bosland, Rachael Crauford-Smith and Lesley Hitchens, Media Law: Text, Cases and Materials (Pearson, 2014).
Iain Christie, Nicole Moreham, Michael Tugendhat and Mark Warby (eds), Tugendhat and Christie the Law of Privacy and the Media (Oxford University Press, 2nd ed, 2010).
Cameron Doley and Alastair Mullis (eds), Carter-Ruck on Libel and Privacy (LexisNexis, 6th ed, 2010).
Raymond Wacks, Privacy and Media Freedom (Oxford University Press, 2013).
References
For the Faculty's preferred style for referencing:
Australian Guide to Legal Citation (Melbourne University Law Review Association, 3rd ed, 2010).
For plain language writing:
Michele Asprey, Plain Language for Lawyers (Federation Press, 4th ed, 2010).
For general information about UTS Law subjects:
UTS:LAW Subject Information Booklet (latest edition).
UTS:LAW Guide to Written Communication (latest edition).
UTS: Assessment of Coursework Subjects Policy and Procedures available at <www.gsu.uts.edu.au/policies/assessment-coursework.html>.
Other resources
Reports:
New South Wales Law Reform Commission, Invasion of Privacy, Report 120 (2009)
Victorian Law Reform Commission, Surveillance in Public, Final Report 18, (2010)
Australian Law Reform Commission, For Your Information: Australian Privacy Law and Practice, Report No 108 (2008) (3 volumes)
Austrlaian Law Reform Commission, Serious Invasions of Privacy in the Digitial Era, Report 123 (2014).
Senate Environment and Communications References Committee, Parliament of Australia, The Adequacy of the Protections for Australians Online (2011) <www.aph.gov.au/>.
Australian Government, Australian Government Response to the Senate Environment and Communications References Committee, The Adequacy of the Protections for Australians Online (2012) <www.aph.gov.au/Parliamentary_Business/Committees/>.
Australian Government, Department of Prime Minister and Cabinet, A Commonwealth Statutory Cause of Action for Serious Invasion of Privacy (2011) <www.dpmc.gov.au/privacy/causeofaction/>
House of Representatives Standing Committee on Social Policy and Legal Affairs, Parliament of Australia, Eyes in the Skies (2014) available at <www.aph.gov.au/>
Some useful journals:
Communications Law Bulletin
Internet Law Bulletin
Media and Arts Law Review
Privacy Law Reporter
Some useful websites:
Australasian Legal Information Institute (AustLII): <www.austlii.edu.au>
Commonwealth Attorney-General: <www.ag.gov.au/>
Office of the Australian Information Commissioner: <www.oaic.gov.au/>
NSW Information and Privacy Commission: <www.ipc.nsw.gov.au/privacy/ipc_index.html>
