Government Access to Private Information (LAWS90330)

This subject explores the complex and evolving legal frameworks governing government access to personal data held by private entities, as well as ongoing debates surrounding government surveillance, privacy rights, and the future of data governance in an interconnected world.

As digital information becomes central to governance and security, we explore the balance between state authority and individual privacy rights. We investigate the global and national frameworks that regulate this access, focusing on the legal, ethical, and policy challenges that arise from cross-border data flows, international agreements, and varying jurisdictional approaches. Through the study of landmark cases, such as the Schrems rulings, and key international guidelines like the OECD’s Trusted Government Access Principles, students will gain a critical understanding of how different legal systems address the tension between safeguarding national security and upholding data protection.

Our subject encourages students to critically assess how governments navigate the competing demands of law enforcement, public safety, and privacy, while also considering the role of international cooperation and conflict in shaping these practices. 

Intended learning outcomes

A student who has successfully completed this subject should be able to: 

• Critically analyse the legal distinctions between public and private domains concerning data governance, and identify ambiguities in these distinctions.
• Compare and synthesise various definitions of information and governance to determine their appropriateness in different contexts.
• Interpret and apply the principles of data protection law in the context of international transfers of personal data.
• Survey and appraise the legal frameworks governing government access to personal information
• Assess conflicts of laws arising from the transfer of personal data and propose innovative solutions to address these conflicts.

Generic skills

• Critical Thinking: Enhance the ability to critically assess complex legal frameworks and their practical implications.
• Research Proficiency: Develop advanced research skills in analysing legal texts, case law, and international treaties.
• Communication: Improve the capacity to articulate complex legal issues clearly and effectively, both in writing and orally.
• Problem-Solving: Foster the ability to propose creative and legally sound solutions to conflicts in data governance.