Course coordinator
Professor John Swinson
Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course is an intermediate level examination of the legal issues and social context of privacy law in Australia and in other jurisdictions. The course seeks to develop students' knowledge of privacy law and enhance their awareness of contemporary privacy issues.
Privacy is a constant concern in the digital age. So how does the concept of privacy translate into privacy law? And is privacy law effective in the face of constant and rapid technological change? How does privacy law respond to events such as the Optus and Medibank Private security breaches? Does AI, such as ChatGPT, create privacy concerns? This course will address these complex questions in three ways by:
A. Examining the concept of privacy – we will identify the different legal perspectives of privacy with particular focus on the concepts of information privacy andﾠprivacy as the protection of personal information.
B. Investigating the application of privacy law in Australia and abroad – we will examine substantive privacy law: the Privacy Act 1988 (Cth) and Australian and international common law protections of privacy.
C. Looking to the future – we will look at current developments, both in Australia and internationally, in relation to privacy law, and critically examine some of evolving areas where privacy law is becoming increasingly relevant, such as around the use of big data.
LAWS5228 is an interactive course taught in seminar mode. We will be using the Socratic method of lecturing at times, so you may be called upon to contribute during the seminars. You will be expected to have read each key reading and to have thought about any assigned tutorial problem prior to class.
You are encouraged to turn your phones off during class, and to limit use of your laptops when we are engaging in discussion.
Classes consist of a three-hour seminar, commencing Week 1. There will be 10 weeks of seminars.ﾠ
This is a course that seeks to ground your conceptual and legal learning about privacy law within a learning environment that is focused upon the application of law to recent, real life concerns. To facilitate this type of learning, you will be asked to read Blackboard material in advance of the lecture. The lecture will then be used to work through the application of different elements of privacy law to real life problems.
Seminars will not be recorded, and students are expected to attend in person and participate in class discussions.
Course requirements
Assumed background
This is an intermediate level law course.
Prerequisites
You'll need to complete the following courses before enrolling in this one:
(LAWS1700 + 1701 + 1702 + 2702 + 2703) or (LAWS1113 + 1114 + 2111 + 2112)
Restrictions
LLB(Hons)(#64), LLB(Hons)(#48), LLB(Hons)#64 duals, LLB, LLB duals and LLB (Graduate Entry) programs.
Course contact
Course staff
Lecturer
Professor John Swinson
Timetable
The timetable for this course is available on the UQ Public Timetable.
Additional timetable information
Seminars are from 11am to 2pm on Tuesdays.
We have 10 seminars.
ﾠ
Aims and outcomes
The aim of LAWS5228 is to facilitate your understanding about the importance and complexity of privacy law from a legal, social and personal viewpoint.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Differentiate between the different conceptual and theoretical approaches to defining privacy
LO2.
Explain the different legal approaches that underpin legal protections of individual privacy
LO3.
Evaluate the effectiveness of different legal approaches to privacy
LO4.
Apply relevant Australian and international privacy law to contemporary privacy problems
LO5.
Reflect on your own understandings of privacy and privacy law
LO6.
Have sufficient practical skills to provide advice to potential clients with privacy issues
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Quiz |
Mini Quiz in Class
|
10% |
30/07/2024 - 15/10/2024
Mini quiz will take place in class each week, other than in Week 1. |
| Paper/ Report/ Annotation |
Paper
|
40% |
19/09/2024 2:00 pm |
| Essay/ Critique |
Take Home Assessment
|
50% |
24/10/2024 2:00 pm |
Assessment details
Mini Quiz in Class
- Online
- Mode
- Written
- Category
- Quiz
- Weight
- 10%
- Due date
30/07/2024 - 15/10/2024
Mini quiz will take place in class each week, other than in Week 1.
- Other conditions
- Time limited.
- Learning outcomes
- L01, L02, L03, L04, L05
Task description
There will be 9 mini quiz. Each quiz will be online, and will be multiple choice, true/false and the like.
There will be a practice mini quiz in Seminar 1.
For Seminars 2 to 9, there will be 5 questions. For seminar 10, there will be 10 questions.
In total, there will be 50 questions. Each question is of equal weight.
This assessment task evaluates student’s abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct.
Submission guidelines
Instructions will be provided in class. You will need a computer connected to the Internet in class to do the assessment.
Each mini quiz will be 10 minutes. The mini quiz must be submitted electronically before the end of class.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Paper
- Online
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 40%
- Due date
19/09/2024 2:00 pm
- Learning outcomes
- L01, L02, L03, L04, L06
Task description
The assessment will be released on or before 6 August 2024.
You will examine the application of Australian information privacy law in relation to a current issue. You will have a choice of topics. Further details will be provided on Blackboard. The word limit will be 2,000 words. The word limit should be detailed on the first page of the assessment. Footnotes are not included in the word limit and a bibliography is not required. Any words over the word limit will not be marked.
Artificial Intelligence (AI) provides emerging tools that may support students in completing this assessment task. Students may appropriately use AI in completing this assessment task. Students must clearly reference any use of AI in each instance. A failure to reference AI use may constitute student misconduct under the Student Code of Conduct.
Submission guidelines
Assignments must be submitted electronically via the submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Take Home Assessment
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 50%
- Due date
24/10/2024 2:00 pm
- Learning outcomes
- L01, L02, L03, L04, L05
Task description
Students will be provided with access to the take home assessment Monday, 21 October 2024 at 2:00pm through the LAWS5228 Learn UQ page and will be required to submit their answers 72 hours later by 2:00pm on Thursday, 24 October 2024.
The assessment will be a combination of short answer and essay style questions.
Students will be required to answer a subset of the short answer questions and one or more essay questions from a short list.
Word limit: 2,200 words (excluding footnotes). Footnotes should only contain references. You must clearly state your word count (excluding footnotes) on your Cover Sheet. A competent answer will be possible well within the work limit.
Any material beyond the word limit will not be marked.
This task has been designed to be challenging, authentic and complex. Whilst students may use AI technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference generative AI use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI tools.
Submission guidelines
Take Home Assessment paper must be submitted electronically via the submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Additional learning resources information
Detailed reading lists, comprising required readings and recommended readings for each seminar, will be made available via Blackboard at least six days prior to the relevant seminar.
Note:
Privacy Act Review – Report (published 16 February 2023) https://www.ag.gov.au/sites/default/files/2023-02/privacy-act-review-report_0.pdf
This Report is an important reference for this course.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Week 1 (22 Jul - 28 Jul) |
Seminar |
Seminar 1 - What is Privacy? What is Privacy Law? The conceptual and legal definitional issues. Why do we need privacy? Information Privacy Law: The dominant paradigm of privacy law privacy as control of personal information. Learning outcomes: L01, L04, L05 |
Week 2 (29 Jul - 04 Aug) |
Seminar |
Seminar 2 - The Constitutional Balance The complex issue of balancing privacy with other rights-based considerations privacy and human rights; privacy and free speech; privacy and commercial rights; privacy and our self-determination and bodily-autonomy. This seminar will also consider privacy and the U.S. Bill of Rights 14th amendment. Learning outcomes: L01, L02, L03, L04, L05 |
Week 3 (05 Aug - 11 Aug) |
Seminar |
Seminar 3 - Privacy Torts (International) Development of privacy torts in Australia and other common law jurisdictions. We will also consider how to value privacy, from a legal viewpoint. Learning outcomes: L02, L03, L04, L05 |
Week 5 (19 Aug - 25 Aug) |
Seminar |
Seminar 4 - Introduction to Australian Privacy Law Introduction to the legislative framework in Australia. Privacy Act: Consideration APPs: Learning outcomes: L02, L03, L04, L06 |
Week 6 (26 Aug - 01 Sep) |
Seminar |
Seminar 5 - Privacy Act: Collection APPs Examination of privacy principles that govern the collection of personal information. Learning outcomes: L02, L03, L04, L05, L06 |
Week 7 (02 Sep - 08 Sep) |
Seminar |
Seminar 6 - Privacy Act: Dealing APPs (Use and Disclosure); Quality, Access and Correction Examination of privacy principles that govern dealings with personal information including de-identification of personal information. Learning outcomes: L02, L03, L04, L05, L06 |
Week 8 (09 Sep - 15 Sep) |
Seminar |
Seminar 7 - Privacy Act: Security and Data Breaches; Privacy Class Actions Examination of privacy principles that govern security of and access to personal information. We will consider cybersecurity and the privacy implications of recent ransomware attacks, including the collection and storage of too much information for too long. This seminar will consider other privacy rights, such as the right of correction. Learning outcomes: L02, L03, L04, L05, L06 |
Week 9 (16 Sep - 22 Sep) |
Seminar |
Seminar 8 - Select topics in Privacy Law - Including Social Media, AI and Spam Privacy and the media, online privacy (including anti-spam laws), privacy and health, surveillance, and privacy and AI. Learning outcomes: L02, L03, L04, L05 |
Week 11 (07 Oct - 13 Oct) |
Seminar |
Seminar 9 - International issues and developments in Privacy Law The European concept of privacy. Overview of the GDPR and what it means for Australian businesses. Examination of the right to be forgotten. Privacy in China. Recent privacy developments in the United States. Learning outcomes: L02, L03, L04, L05 |
Week 12 (14 Oct - 20 Oct) |
Seminar |
Seminar 10 - Government Survelance. Facial Recognition. The Future of Privacy Law? Consideration of the future direction of privacy law in a Big Data world. Current Australian reform inquiries and proposals and likely changes (including the Privacy Act review; consumer data right and workplace surveillance). Learning outcomes: L01, L02, L03, L04, L05 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: