Government Access to Private Information (LAWS90330)
Graduate courseworkPoints: 12.5Not available in 2025
About this subject
Overview
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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.
Indicative list of principal topics:
- Public/Private Distinction in Law
- Information and Governance Theories
- Data Protection Law and International Transfers
- Government Access to Personal Information
- Transborder Data Flows and Conflicts of Law
- Schrems Cases before the CJEU
- Trusted Government Access Principles
- Comparative Analysis of National Security and Law Enforcement Access
- Mutual Legal Assistance Treaties (MLATs) and Data Sharing
- The Role of International Organisations in Data Protection
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.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
It is recommended that students have some prior knowledge or experience in privacy and data protection law and some knowledge of civil law systems.
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class Participation | Throughout the teaching period | 10% |
Take-home examination
| 17 - 20 October 2025 | 90% |
| Hurdle requirement: A minimum 75% attendance is required. | N/A |
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
Not available in 2025
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists. Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025