78249 Privacy and Surveillance: Law and Policy
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particular session, location and mode of offering is the authoritative source
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Subject handbook information prior to 2017 is available in the Archives.
Credit points: 8 cp
Result type: Grade and marks
Requisite(s): ( 78203 Communications and Intellectual Property Law Overview OR 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76089 Privacy and Surveillance Law AND 78248 Privacy and Surveillance: Law and Policy
Description
Privacy and surveillance regulation features prominently in contemporary public debate in Australia. It is controversial, dynamic and challenging. This subject explores key legal and policy issues arising in this space. Specifically, it investigates various dimensions of privacy including invasion of personal privacy, data protection and retention, and surveillance of personal conversations, activities and locations. It also tackles emerging issues and challenges prompted 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 as well as federal and state/territory laws. It also calls for students to engage with a range of relevant perspectives, views and interests. Understanding of key issues is further deepened by interrogating the wider contexts in which privacy and surveillance law and policy operate and are informed, including theoretical, constitutional, ethical and international contexts. The subject also exposes students to a myriad of ethical dilemmas associated with privacy and surveillance, and enhances their capacity to develop strategies to address such issues.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | demonstrate an advanced understanding of the law and policy relating to privacy and surveillance in Australia, including emerging issues and challenges prompted particularly by new technologies; |
|---|---|
| 2. | demonstrate an advanced understanding of the broader contexts in which the law and policy relating to privacy and surveillance operate and are informed, including theoretical, constitutional, ethical and international contexts; |
| 3. | recognise and critically analyse and reflect upon ethical issues arising in relation to privacy and surveillance and develop strategies for approaching such issues; |
| 4. | critically analyse key issues relating to privacy and surveillance law and policy and develop and critically evaluate responses to these issues; |
| 5. | enhance and refine skills to identify and research a selected issue relating to privacy and surveillance law and policy as well as the ability to interpret, evaluate, reflect upon and apply the fruits of that endeavour to develop a sustained response to that issue; |
| 6. | communicate effectively, orally and in writing, concepts, ideas, views and arguments regarding privacy and surveillance law and policy issues. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Ethics and Professional Responsibility
An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment (2.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0) - Research Skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0)
Teaching and learning strategies
Strategy 1: Lectures, where appropriate, to introduce topics and provide further background and material to facilitate understanding of complex issues and concepts.
Strategy 2: Class discussions, 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 also enable students to gain valuable feedback from colleagues on their thinking and approach to key issues.
Strategy 3: Independent study and research, to extend and deepen knowledge and understanding of relevant issues as well as to develop research and written communication skills.
Strategy 4: Teaching and learning in this subject will also be supported by UTSOnline
Content (topics)
1 Privacy and surveillance: definition, different contexts and perspectives, competing interests. Overview of the Australian privacy (legal) landscape
2 A common law tort of invasion of privacy ? Research matters
3 A statutory tort of privacy?
4 Personal information privacy
5 Surveillance: private conversations, activities and location
6 Online privacy - an oxymoron?
7 Anonymity/pseudonymity and privacy. The right to be forgotten
8 Role and powers of Privacy Commissioners (Federal and NSW)
9 Review and reflection
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 6 This task contributes specifically to the development of the following graduate attributes: 2.0 and 3.0 |
|---|---|
| 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 class discussions in an informed way; oral communication skills; cooperative group discussion skills; attendance. |
Assessment task 2: Research Essay Proposal
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: 2.0, 3.0 and 4.0 |
|---|---|
| Weight: | 15% |
| Length: | 1,000 words (excluding footnotes, the prior work declaration and the (preliminary) source list). A 10% deviation is permissible. |
| Criteria: | Nature and significance of essay question; nature and appropriateness of approach; identification of relevant issues; identification and scope of response to ethical considerations; identification of interesting and relevant sources (both primary and secondary, as relevant); style and expression; referencing in accordance with the Faculty's preferred style (AGLC3). |
Assessment task 3: Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: 2.0, 3.0 and 4.0 |
|---|---|
| Weight: | 65% |
| Length: | 5,000 words (excluding footnotes and the bibliography). A 10% deviation is permissible. |
| Criteria: | Nature, sophistication and significance of essay question; sophistication and appropriateness of approach; development of a sustained thesis or argument addressing the essay question; 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; response to ethical dimension, depth of research (both primary and secondary sources, as relevant) and engagement with relevant sources; structure and organisation; style and expression; referencing in accordance with the Faculty's preferred style (AGLC3). |
Required texts
There is no prescribed text for this subject. Instead a Reading Guide has been prepared which will be made available on UTSOnline. It provides a guide to each class, which includes a brief introductory note to the topic, 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 Reading Guide may also be supplemented from time to time during the course of the semester as necessary.
Recommended texts
The following may be useful references:
Scott Beattie and Elizabeth Beal, Connect & Converge: Australian Media and Communications Law (Oxford University Press, 2007).
Rhonda Breit, Professional Communication: Legal and Ethical Issues (LexisNexis Butterworths, 2nd ed, 2011).
Des Butler and Sharon Rodrick, Australian Media Law (Thomson Reuters, 4th ed, 2012) - new edition forthcoming in 2015.
James Lewis and Paul Crick, Media Law and Ethics in the 21st Century (Basingstoke Palgrave Macmillan, 2014).
Margaret Jackson, Electronic Information and the Law (Thomson Reuters, 2012).
Andrew Kenyon and Megan Richardson (eds), New Dimensions in Privacy Law: International and Comparative Perspectives (Cambridge University Press, 2006).
Denis Muller, Journalism Ethics for the Digital Age (Scribe Publications, 2014).
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).
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 Legal Research:
Terry Hutchinson, Researching and Writing in Law (Lawbook, 3rd 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/>.
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)
Australian Law Reform Commission, Serious Invasions of Privacy in the Digital 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>
