LAWGENRL 453 : Privacy Law

Law

2024 Semester One (1243) (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 and other jurisdictions;
  • 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; education; surveillance)

Course Requirements

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

Capabilities Developed in this Course

Capability 1: People and Place
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 8: Ethics and Professionalism
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and articulate 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 3.1, 3.2 and 8.1)
  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, and apply these principles to fact patterns. (Capability 3.1, 3.2, 4.1, 4.2 and 5.1)
  3. Reflect critically on issues of principle and policy raised by the current law of privacy in New Zealand and overseas and consider whether reform is desirable (Capability 4.1, 4.2 and 5.1)
  4. Critically examine the application of privacy law in different social contexts in New Zealand and other jurisdictions (Capability 1.2, 4.1, 4.2 and 5.1)
  5. Articulate and apply the principles of privacy law studied in this course clearly, effectively, and critically, as well as directing your own learning and rational inquiry. (Capability 6.1 and 8.1)

Assessments

Assessment Type Percentage Classification
Multiple Choice Quiz 10% Individual Test
Essay One (Option A or Option B) 30% Individual Coursework
Final Exam 60% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Multiple Choice Quiz
Essay One (Option A or Option B)
Final Exam

Workload Expectations

This is a standard 15-point course. There will be around 24 hours of lectures in this course. The guideline for the total workload for this course is 150 hours. 

Delivery Mode

Campus Experience

Lectures will be available as recordings. However, learning will likely be enhanced by attendance. Moreover, lectures will include learning activities that may not be picked up on recordings. In-person attendance  is required for the final exam.

Learning 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.

There are no prescribed texts beyond what is provided on Canvas. However, the following resource is highly recommended:

  • Nikki Chamberlain and Stephen Penk Privacy Law in New Zealand (3d ed Thomson Reuters 2023)

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.

Feedback will be considered by the teaching team.

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 for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

The use of generative artificial intelligence software packages (including but not limited to ChatGPT, StudocuAI, Microsoft Bing, and Google Bard) is not permitted in any way whatsoever, without exception, for the preparation, drafting, or completion of any assessments in this course. 

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

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 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.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

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 students may be asked to submit 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. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 01/11/2023 11:22 a.m.