Learning outcomes of the curricular unit
The aim of the Unit is, first of all, to provide awareness to a special regime of Public Law: the guarantee of fundamental rights within personal data processing. The focus is on general legal framework of data protection, on its main aspects, and on the main legal issues it raises. The main objective is that the students understand the particular problems involved, and that they will be prepared to think, act and solve legal issues arising from the processing of personal data.
Syllabus
I. Introduction: the protection of personal data - the current context
II. Legal and constitutional framework: data protection as fundamental right
1. Historical reference
2. The fundamental right vs. other fundamental rights and constitucional interests
III. General Data Protection Law: the Regulation (EU) 2016/679 (GDPR) and the national law of execution
1. Key concepts and the scope of GDPR and the subjects of the data processing relationship
2. The Scope of the GDPR
3. General principles relating to processing of personal data. In particular, its densification through the provision of rights and obligations
3.1. The conditions of lawfulness of data processing
3.2. Rights of the data subject
3.3. Obligations of controllers and processors
4. The role of the supervisory authority and of the European Data Protection Board
5. Judicial remedies and liability (brief reference)