Aims

Digital technologies, such as artificial intelligence, and numerous emerging technologies pose challenges for protecting the right to privacy. This course examines the diverse types of difficulties that surveillance, digital, artificial intelligence and a number of emerging technologies pose for data protection and the right to privacy. The students will learn about how international human rights law, European Union law and English law protect the right to privacy in the context of the use of digital and artificial intelligence technologies. The students will learn about how data protection laws in the European Union and the United Kingdom apply to digital and artificial intelligence technologies. The students will consider whether data protection laws and the right to privacy can protect individuals in the context of a number of emerging technologies. The students will put forward policy recommendations for how states can protect the right to privacy during a time of rapid technological innovation. This course will interest students who wish to work in the policy-making arena, in private practice, in the not-for-profit sector, and for international organisations.

Outline Of Syllabus

The aim of this module is to:

1.       Introduce students to how states approach protecting the right to privacy and data protection. The course will cover the protection of the right to privacy at international and domestic levels. For domestic level, the course will focus on the European Union and the United Kingdom

2.       Understand and examine how the digital tools of the last 20 years, which are sometimes now classed together as ‘artificial intelligence’ ('AI’) even though they are in fact very disparate, are pervading society both at a private/domestic/corporate level, as well as in the public sector and policing. Such tools include data profiling/ “surveillance capitalism”, machine learning (formerly “big data”), face recognition, large or foundation models and generative AI.

3.       Understand what challenges emerging and future technologies pose for the protection of the right to privacy and data protection. The case studies for emerging technologies can vary from year to year.

4.       Examine what problems, harms and risks are emerging connected with the deployment ofdigital, artificial intelligence and other emerging technologies, and how these can be balanced with the opportunities presented for innovation and social benefit; and

5.       Provide students with a “roadmap” of key legal instruments in this area (in international law, European Union and United Kingdom), to help them address the ever-increasing demand within industry, civil society and governments to know how these tools should and can be regulated, now and in the medium to long term future.

The proposed outline of the syllabus is as follows, with the proviso that case studies will change each year dependent upon current issues, controversies and developments:

1.       Introduction to the course: normative and historical foundations of the right to privacy and data protection
2.       International human rights law: sources and rules of legal interpretation
3.       International human rights law: the right to privacy
4.       Challenges that artificial intelligence creates for protecting the right to privacy and how international human rights law can respond to the problems
5.       European Union data protection laws and artificial intelligence session 1
6.       European Union data protection laws and artificial intelligence session 2
7.       Data protection regime and artificial intelligence in the United Kingdom
8.       Case study 1: Sensors, continuous body monitoring and the transparent human
9.       Case study 2: Quantum computing
10.       Case study 3: Brain-machine coupling technologies and telepathy

Teaching Rationale And Relationship

The students will attend 10 research seminars. Each seminar is 2 hours in duration. The students will read the reading materials prior to participating in each seminar. The students will complete 1 hour of doing independent research and reading as part of preparing for each research seminar in order to improve their research skills. The instructor will facilitate the student learning as they complete active learning-based activities in groups in class and present their ideas. Through completing these activities, the students engage with the reading materials and hone the skills that the course is designed to develop. The instructor will provide comments on an ongoing basis in order to enable the students to achieve deeper learning. Additionally, the students will complete problem-based exercises in groups which require them to advise the policy makers on appropriate policy interventions. The students will receive feedback and instruction. These activities will enable the students to practice their research, analytical, problem solving and teamwork skills. This approach is appropriate for a postgraduate course because it focuses on the development of critical analysis, problem solving, communication and teamwork skills. Students at the graduate level have experience of reading the materials and identifying the main issues.

I will hold 4 group teaching sessions with a question and answer component. The students will tell me what teaching I can provide to them in order to help them with developing their legal skills. I will use this information to deliver teaching. This approach is designed to enable me to provide teaching that is tailored to the needs of the students. The students can ask questions relating to the course during these sessions. I will provide information about what steps the students can take to improve their skills. The sessions will support students in their knowledge and skill development. The students have an opportunity to raise issues relating to the module.

Assessment Rationale And Relationship

Assignment 1 (summative assessment)

The instructor will provide a number of essay questions which the students can choose from. The students will submit an assignment of 700 words in length in which they formulate an outline for the essay. The purpose of this assignment is to enable the students to practice their analytical and communication skills. This assignment prepares students to write the essay and enables them to receive ongoing feedback. This is a summative assessment.

Assignment 2 (summative assessment)

The students will write a 2 800 word research essay. The instructor will formulate a number of essay questions and offer the students a choice on which topic to work. The teacher will formulate the essay questions in a manner which requires the students to critically reflect on the legal and policy issues posed by digital, artificial intelligence and emerging technologies. The teacher will formulate the essay assignment in a manner that reduces the likelihood that the students use ChatGPT or similar software to assist them to write their assignments. Subsequently, the students will conduct research. The students will carry out critical analysis as part of completing the essay assignment. This assignment is designed to enable students to gain greater autonomy. I allocated time for providing feedback to the students on the essay outline. As a result of completing this assignment, the students will ameliorate their research, problem solving, analytical and written communication skills. This is a summative assessment.