This course reflects on the historical transition of the law relating to informational privacy in Europe. Starting with the inception of the Data Protection Directive of 1995 to the passage of the EU GDPR, it will investigate and develop a causal-effect narrative leading up to the development of different frameworks in the EU. As a tool, the investigation process will mostly rely on the judgements delivered by the Court of Justice of the European Union. Further, this tool will bring about a nuanced version of Europe’s attempts to transform informational privacy.
With all the recent developments in informational privacy legislation in Asia, we seem to forget the ground rules. More often than not, we have to remind ourselves of the basic principles and the foundational impact of the existing E.U. structure of informational privacy in different jurisdictions. There are extensive jurisprudence and technical understanding of how informational privacy structure should be formulated or evolve, and E.U.’s role in this regard is second to none. Therefore, this course intends to unearth the contribution that E.U. made towards the development of privacy legislation in Asia. The course has followed two conditions while selecting countries in Asia: Countries in Asia where data protection legislation have been either enacted or discussed at an advanced level in the last five years and secondly, the countries that have been designated as partner countries according to the Erasmus+ Programme Guide [Region 6]. The overall objective is to place data privacy legislation of the countries considered in this course and understand the widespread influence of GDPR.
This course addresses the rules and requirements of the GDPR, promulgated by the EU with effect from 2018. The GDPR covers the critical area of obtaining, using, storing, managing and deleting personal data, and represents a substantial regulatory expansion of personal data protection rules and requirements. The course is important to individuals and institutions both within the EU and those outside the EU that may deal with personal data relevant to persons in the EU. The GDPR imposes significant requirements and provides for substantial sanctions on all such individuals and institutions and represents a major advance in global personal data protection regulation.
This course aims at introducing the students with the main features of the “digital economy”, especially relating to data and platforms. Several recent developments in the European Union (E.U), including the merger of Facebook and WhatsApp, the E.U proceedings against Google, and the investigations of Facebook by the German Federal Cartel Office (FCO,Bundeskartellamt) have cast the regulatory spotlight on the economic significance and role of data and platforms. This course will attempt to address the fast developing competition and regulatory issues which relate to data, platforms and issues related to the digital economy. An important question that the course will try to address is the nature of business practices and contracts in a “digital economy” and if such business models depart from efficient behaviour, and if such contracts are beneficial or detrimental to the society. The course will also delve into the economic features of platforms and two-sided markets, and the relationship of such markets with innovation policy and Intellectual Property Rights.
Data privacy has emerged as a critical legal imperative for legal systems. Emergence of new technologies in what is being hailed as the 4th Industrial Revolution has thrown this issue at the center stage. Generation, processing and use of data, spurred first by proliferation of digital devices and access to internet was pushed further into an exponential curve by the Artificial Intelligence algorithms, Many other technologies, such as Drones, RFID Tags, Internet of Things and Biotechnology pose related issues. The EU has been a flagbearer of the legal protection of data. GDPR, the recent addition to the EU law concerning data protection is being hailed as the most comprehensive take on protection of data privacy of consumers against uninformed and unauthorized use of their data. Yet continued violations of data privacy such as Cambridge Analytica episode and extensive Government surveillance reveal an ever more imminent need to critically assess and update privacy laws. In this context, this course aims to introduce students from a wide variety of backgrounds to the basics of privacy and data protection issues in EU, and enable them to explore data privacy concerns with respect to selected technologies, as well as to critically assess the extant laws towards protecting privacy while balancing legitimate use of data.