LAWGENRL 453 : Special Topic: Privacy Law

Law

2020 Semester Two (1205) (15 POINTS)

Course Prescription

An examination of the Law relating to privacy in New Zealand with special reference to the common law protection of privacy; the protection of privacy under the Broadcasting Act 1989; and the scope and application of the Privacy Act 2020.

Course Overview

We cover a range of topics, including: 
• The concept of “privacy”
• Sources of privacy law
• Key issues in privacy law
• Common law privacy protection (NZ and other jurisdictions) 
• Related torts • International privacy developments relevant to New Zealand privacy law
• Statutory protection for privacy in New Zealand
• The Privacy Act 1993 and The Privacy Act 2020— scope and application • Codes of practice
• The Broadcasting Act 1989 • New Zealand Bill of Rights Act 1990 — extent of recognition of privacy interests
• Selected applications (including privacy in employment; health information; social media; children; privacy in education; information sharing agreements and transborder data flows)

Course Requirements

Prerequisite: LAW 211, 231 Restriction: LAWPUBL 453, LAWHONS 744

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and understand the core concepts, principles, doctrines, rules, major academic debates, approaches, methodologies, and conceptual tools of privacy law, and of the values to which they give expression. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 6.2 and 6.3)
  2. Access identify, articulate, apply and evaluate the techniques of legal reasoning and argument in relation to privacy common law issues and statutory interpretation issues in New Zealand; Identify information that is or is not relevant to a material fact in issue; Describe the specific use for which information is tendered; Articulate logically the chain of reasoning that makes information and legal principles relevant (or not, as the case may be). (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1 and 4.2)
  3. Reflect critically on issues of principle and policy raised by the current law of privacy in New Zealand and overseas; Consider whether reform is desirable. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 3.1, 3.2, 3.3, 4.1, 4.2, 6.2 and 6.3)
  4. Critically examine the application of privacy law in different social contexts in New Zealand. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 6.2 and 6.3)
  5. Think and write clearly and effectively, as well as direct your own learning and rational inquiry. (Capability 2.3, 4.1, 4.2 and 5.2)

Assessments

Assessment Type Percentage Classification
Concept Review: Definitions of Privacy 10% Individual Coursework
Essay One (Option A or Option B) 20% Individual Coursework
Essay Two 70% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Concept Review: Definitions of Privacy
Essay One (Option A or Option B)
Essay Two

Learning Resources

Course book : The course book is available electronically on CANVAS under the “Reading List” Tab. The Faculty is no longer preparing hardcopies of the course book.

Recommended Text : A useful text is S Penk and R Tobin (eds), Privacy Law in New Zealand (2nd ed, 2016). You should also obtain, or download, a copy of the Privacy Act 1993 and the Privacy Act 2018 (available at: www.legislation.govt.nz).

Workload Expectations

This is a standard 15-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours. 

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 22/06/2020 11:49 a.m.