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Privacy and Regulation of Surveillance (LAWS90028)
Graduate courseworkPoints: 12.5Not available in 2018
Overview
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This subject examines the relationship between surveillance and privacy, with a particular focus on the challenge of regulating new surveillance technologies and protecting informational privacy. Beginning with a brief overview of the history of identification and mass surveillance (such as census-taking, record-keeping, as well as passports and identify cards), the subject focuses on how the law in countries such as the Australia, the UK and the US has been used to protect privacy rights and restrict the use of overly intrusive surveillance techniques by the state and private sector.
Principal topics include:
- An overview of the history of surveillance, with a particular focus on the relationship between state surveillance and governance
- A detailed examination of different conceptions and justifications of individual privacy (including a critical analysis of the idea that there should be a free-standing right to privacy)
- A critical examination of how various forms of state and private sector surveillance are regulated in Australia, the UK, and the US
- A close examination of the regulatory challenge posed by emerging surveillance technologies, including various forms of biometric surveillance, data mining, and communications interception
- Discussion and debate about the legal and philosophical limits of privacy, focusing on such questions as whether there should be a right to privacy in public spaces or a general right to online anonymity
- A critical examination of the prospects for law reform in the areas of surveillance and privacy in Australia, the UK, and the US.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced understanding of the history of surveillance, and critical appreciation of the sociological, and political relationship between surveillance and individual privacy
- Have an advanced understanding of how privacy has been legally framed and understood in Australia, the UK, and the US
- Have a sophisticated appreciation of the challenges posed by new surveillance technologies to traditional legal conceptions of privacy
- Have a detailed understanding of the legal regimes for the regulation of state and private sector surveillance in Australia, the UK, and the US
- Be able to critically examine, analyse, interpret and assess the different approaches to the regulation and restriction of surveillance in Australia, the UK, and the US
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to surveillance and privacy
- Have the communication skills to clearly articulate and convey complex information regarding the relationship between surveillance and privacy to relevant specialist and non-specialist audiences.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
10,000 word research paper (100%) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Dates & times
Not available in 2018
Time commitment details
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022