This course aims to prepare students for the application of the legal framework of the protection of personal data with particular focus on the European Union Legal order. In the end, students that sucessfuly complete the course will be able to know:
- the protection of personal data as a fundamental right, recognized in primary law;
- the general framework for the protection of personal data provided in secondary law;
- Data protection implications of big data, artificial intelligence and machine learning.
MARIA DA GRAÇA ALMEIDA DE EÇA DO CANTO MONIZ ADÃO DA FONSECA
Weekly - 3
Total - Available soon
Alexandre Sousa Pinheiro, Privacy e proteção de dados pessoais: a construção dogmática do direito à identidade informacional, AAFDL, 2015
Danilo Doneda, Da privacidade à proteção de dados pessoais, Renovar, 2005
Filipa Calvão, Direito da Proteção de Dados Pessoais, Universidade Católica, 2018
Gloria González Fuster, The Emergence of Personal Data Protection as a Fundamental Rigth of the EU, Springer, 2014
José P. Mañas (dir.), Reglamento General de Protección de Datos. Hacia um nuevo modelo europeo de privacidade, Reus, 2018
Orla Lynskey, The Foundations of EU Data Protection Law, Oxford University Press, 2015
Two teaching models will be used:
- Theoretical-practical sessions where the contents are exposed by the teacher. A participatory model in order to encourage the student to intervene.
- Sessions presented by the students. In these sessions the teacher assumes a tutorial function guiding the students in the presentation of works and the resolution of hypotheses.
The evaluation can be continuous or final.
Continuous assessment consists of 2 moments: 1) execution of oral and written assignments by the students (50%) and 2) attendance (50%). The student is approved if he obtains an overall final classification of not less than 10 values and if in any of the evaluation moments he obtains a classification lower than 8 values.
This curricular unit adopts a double perspective: dogmatic and practical. To start, the fundamental dimension of the protection of personal data is analyzed through the explanation of its evolution until its incorporation as a fundamental right in the Treaty of Lisbon and in other constitutional texts. With regard to the practical perspective, it is pursued through the study of the set of normative provisions, from Directive 95/46 to the GDPR, and its concrete application. To this end, particular attention will be given to developments in the case law of the Court of Justice of the European Union. In addition, the practical application of the legal framework previously studied will be tested in three different concepts: big data, machine learning and artificial intelligence.
Programs where the course is taught: