The Protection of Personal Data, in the curriculum in Legal Sciences for Employment Counselling and Workers' Safety, is designed to provide students with the essential tools for understanding the fundamental right to personal data protection both from a theoretical and case-law perspective, in connection with the right to privacy and, more generally, with other personality rights, and from an applicative perspective.

The course has a theoretical-practical approach. After an overview of the supranational and constitutional sources, the student will learn about European and Italian legislation in this domain, combining study of these sources with a reasoned analysis of case law and the decision-making practice of the Italian Data Proteciton Authority (Garante per la protezione dei dati personali), also by means of in-depth thematic seminars.

The course lasts one semester.

The course will provide students with the tools for theoretical and practical understanding of the general outlines and fundamentals of privacy and data protection.

The following topics will be addressed, developed over two parts:

General Part

• Concept of privacy, main privacy theories (non-intrusion, non-interference, control and access); privacy, information technologies and digital society.
• Personal data protection in the Italian and European constitutional framework, with a focus on the evolution and positivisation of the law from Directive 95/46/EC to the EU General Data Protection Regulation 679/2016 (GDPR).
• The impact of the European Regulation on the Italian system of sources and the adapting legislation that amended the Personal Data Protection Code (Legislative Decree no. 196/2003 as amended by Legislative Decree no. 101/218).
• The contents of the GDPR: the choice of the self-executing instrument and the approval process; material and territorial scope of application; the general principles of processing; the legal basis for processing; the role of consent and legitimate interest; special categories of personal data; the subjects of processing; the rights of the data subject; the obligations of the data controller and the principle of accountability; the role of the Supervisory Authority;  remedies and sanctions

Special Part

• Privacy, commercial and political communication
• Privacy and labour relations
• Privacy, health and research (health data, biometric data, genetic data)
• Privacy and taxation
• Privacy and transparency in public administration

Constitutional law

a)     Knowledge and ability to understand: The student will have to demonstrate that he/she has acquired a good knowledge of the regulations on the protection of personal data, in the European and Italian contexts and a particular ability to understand, starting from the normative context, the main decision-making practices, also through the support of the textbooks and the in-depth studies carried out during the lectures. He/she will demonstrate an in-depth knowledge of the internal and European rules by grasping them in their literal, historical and systematic dimension (knowledge and understanding).

b)     applied knowledge and understanding: The student shall demonstrate the ability to elaborate and argue adequately on various aspects of the protection of personal data, interpreting and applying the rules of the legal system, also with reference to concrete and specific contexts and cases, identifying, interpreting and applying the rules that, from time to time, contribute to characterise the case in question (applying knowledge and understanding).

c)     Autonomy of judgement: The student must demonstrate the ability to integrate the knowledge acquired and, by interpreting the relevant data gathered in the context of case law research, legislation and the decision-making practice of the Italian Data Protection Authority, must be able to make his or her up mind, argue and identify the critical areas of legal protection, also in relation to the implementation of the new European regulation (making judgements).

d)     communication skills: The student will demonstrate the ability to communicate in a technically clear and appropriate manner his or her own considerations and conclusions in the context of the debate that may arise in the course of the lectures, in the in-depth meetings, and in the exercises, demonstrating that he or she has acquired the necessary legal sensitivity to elaborate legal texts and documents in judicial and extrajudicial contexts. The student is expected to interact and argue in a clear, coherent and relevant manner in legal language, both with the lecturer and with his/her colleagues (communication skills).

e)     ability to learn: The student must demonstrate that he/she has developed those learning skills that will enable him/her to continue the study with a high degree of autonomy, with particular reference to the deepening of knowledge of further areas of the protection of fundamental rights. The student will also have to demonstrate that he/she has acquired the ability to interpret and apply the rules of the domestic legal system also in relation to supranational systems; to autonomously and via databases find the rules, case law and decisions of the Italian Data Protection Authority for the protection of personal data (learning skills).

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Explanatory meetings and tutoring can be organised for attending students.

Any additional teaching material will be pointed out in class.

For the case law of the Constitutional Court, students are advised to consult the following sites:

-  www.cortecostituzionale. it

-  www.giurcost.org

For measures of the Italian Data Protection Authority:

-  www.gpdp.it

For the jurisprudence of the European Court of Justice:

-  https://curia.europa.eu

For the practices and guidelines of the European Data Protection Authorities and the European Data Protection Board:

-  www.edpb.europa.eu

Teaching

For the general part: Lectures

For the special part: Lectures; thematic in-depth seminars and possible interventions/conferences of Italian and foreign lecturers; innovative-experimental teaching, in particular debate (3 meetings) and filpped learning (3 meetings). The innovative-experimental didactics lessons are organised with the aim of providing students with an opportunity for in-depth study in relation to some topics of interest concerning the application profiles of the GDPR, the case law and the decision-making practice of the Italian Data Protection Authority, declined in a practical perspective.

Student reception is aimed at providing clarification and a possible review of the key topics of the programme covered in class. The reception will be held in person or online Wednesday afternoons from 4 p.m. onwards. Students who request an online reception must inform the lecturer in advance.

For information and further communication, please contact the lecturer via the institutional e-mail address federico.galli@uniurb.it.

Innovative teaching methods

The course methodology combines traditional lectures with innovative-experimental techniques (Debate, Flipped Learning and use of the Moodle-blended learning platform). These are aimed at developing both basic and higher cognitive knowledge. Through direct confrontation with the lecturer and class works (Teaching Working Class), the course is intended to stimulate the learning process through more effective student involvement and better organisation of the material, in order to facilitate knowledge processes during the course.

Attendance

Course attendance is not compulsory.

Course books

The study of the following texts is compulsory:

• L. Califano, V. Fiorillo, F. Galli, La protezione dei dati personali: natura, garanzie e bilanciamento di un diritto fondamentale, Giappichelli, Torino, 2023, in press.
• Possible supplementary study material will be pointed out in class by the lecturer and made available to non-attending students via the Moodle-blended learning platform.

Assessment

The lecturer can be contacted via the institutional e-mail address federico.galli@uniurb.it.

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

Teaching

The lecturer can be contacted via the institutional e-mail address federico.galli@uniurb.it.

Attendance

Course attendance is not compulsory.

Course books

The study of the following texts is compulsory:

• L. Califano, V. Fiorillo, F. Galli, La protezione dei dati personali: natura, garanzie e bilanciamento di un diritto fondamentale, Giappichelli, Torino, 2023, in press.
• Possible supplementary study material will be pointed out in class by the lecturer and made available to non-attending students via the Moodle-blended learning platform.

Assessment

In order to ascertain preparation at the end of the course, the student will take an oral test. This method of assessment was chosen because it was considered by the lecturer to be the most suitable for the full assessment of the skills and knowledge acquired in the context of the Personal Data Protection and Protection course. In this way, the lecturer will be able to assess the student's communicative ability and linguistic skills in relation to the specific vocabulary of the course in question.

The expected learning outcomes will be assessed by the formulation of three or more questions. The assessment criteria and marks are determined according to the following scale:

-  less than 18/30 - insufficient level: the candidate does not achieve any of the learning outcomes under “knowledge and understanding”;

-  18-20/30 - level sufficient: the candidate achieves, in particular, the learning outcomes stipulated under “knowledge and understanding”;

-  21-23/30 - fully sufficient level: the candidate achieves, in particular, the learning outcomes stipulated under the points “knowledge and understanding” and “applied knowledge and understanding”;

-  24-26/30 - good level: the candidate achieves, in particular, the learning outcomes stipulated under the points “knowledge and understanding”; “applied knowledge and understanding” and “independent judgement”;

-  27-29/30 - very good level: the candidate achieves, in particular, the learning outcomes stipulated at the points “knowledge and understanding”; “applied knowledge and understanding”; “independent judgement” and “communication skills”;

-  30-30 with distinction - excellent level: the candidate fully achieves the learning outcomes set out in the points “knowledge and understanding”; “applied knowledge and understanding”; “independent judgement”; “communication skills” and “ability to learn”.

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

The examination may be taken in English or Spanish at the student's request.

The Olympus Observatory is active in the Department for the permanent monitoring of legislation and case law on safety in the workplace. It carries out various activities including, in particular:

-  the management of a website with legislative, case law and contractual databases on safety at work,

-  in-depth analyses and articles, specialised reviews and thematic 'focuses';

-  the management of an online scientific journal - 'The Working Papers of Olympus', soon to change to 'Occupational Safety Law' (DSL) - on the subject of safety law in the workplace, with an ISSN code, a large international scientific committee and referencing procedures for the identification of essays for publication;

-  the organisation of conferences and seminars, including international ones.

This Observatory, whose website is freely accessible to all in a logic of public service, allows students of the degree course to find materials and documentation that are useful for their studies and the writing of their dissertations. It also offers, through the aforementioned conference and seminar meetings, the opportunity to exchange views with leading experts in the field and to analyse in depth the most sensitive issues relating to it. http://olympus.uniurb.it