General Course Information
1.1 Course details
| Course code: | LLAW3075 |
| Course name: | Privacy and Data Protection |
| Programme offered under: | LLB Programme |
| Semester: | First |
| Designated research course: | Not applicable |
| Specialization: | Not applicable |
| Prerequisites / Co-requisites: | No |
| Course offered to non-law students: | No |
| Credit point value: | 6 credits |
1.2 Course description
This course will examine the concept of privacy, its philosophical and economic underpinnings, and its balance with security and technology innovation. Developments in privacy and data protection law in China and Hong Kong will be analyzed, along with the impact of emerging technologies like AI.
We will explore privacy and data protection in an increasingly interconnected data economy, with a focus on developments in Hong Kong. The Personal Data (Privacy) Ordinance and the data protection principles will be studied in depth, making reference to court judgments and Administrative Appeal Board cases.
Topics will include: (a) the concept of privacy, its origins, political/philosophical/economic underpinnings; (b) global developments and international cooperation on privacy laws; (c) cross-border data flows and data localization (d) online privacy and right to be forgotten; (e) privacy vs surveillance and (f) balancing privacy and cybersecurity given risks like the unprecedented scale of data collection and analysis enabled by AI.
The course will focus on privacy and data protection law in Hong Kong and the PRC with reference to the EU and the rest of the world. Regional and international dimensions will also be explored, including Mainland China, OECD and EU legal frameworks. Students will gain an understanding of the philosophical debate around privacy as well as practical legal implications in the age of AI.
1.3 Course teachers
| Name | E-mail address | Office | Consultation | |
| Course convenor | Adam Au | adamikau@hku.hk | N/A | By email |
Learning Outcomes
2.1 Course Learning Outcomes (CLOs) for this course
CLO 1 Be able to give a detailed explanation of the concepts of privacy (particularly, information privacy and data protection and surveillance (particularly, data surveillance , and be able to identify and explain the values at issue in laws dealing with these subjects.
CLO 2 Be able to elaborate and critically assess the key general laws (statutory and other) that protect information privacy and those that facilitate data surveillance, with special emphasis on the relevant laws in Hong Kong, at the regional and international level.
CLO 3 Be familiar with the relevant laws in several comparative jurisdictions (including in particular, Australia and New Zealand), and be able to comparatively assess the similarities and differences between these laws and the relevant laws in Hong Kong.
CLO 4 Be able to distinguish and explain the key differences between the different types of enforcement mechanisms for privacy and data surveillance laws, and critically assess the strengths and weaknesses of each.
CLO 5 Be familiar with and able to assess the relationship between Hong Kong privacy laws, and international standards for privacy protection.
CLO 6 Be skilled in researching and using Hong Kong, regional and international materials concerning privacy, surveillance and data protection, with special emphasis on using internet-based resources.
2.2 LLB Programme Learning Outcomes (PLOs)
Please refer to the following link: https://course.law.hku.hk/llb-plo/
2.3 Programme Learning Outcomes to be achieved in this course
| PLO A | PLO B | PLO C | PLO D | PLO E | PLO F | |
| CLO 1 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| CLO 2 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| CLO 3 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| CLO 4 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| CLO 5 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| CLO 6 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
Assessment(s)
3.1 Assessment Summary
| Assessment task | Due date | Weighting | Feedback method* | Course learning outcomes |
| Class participation | N/A | 15% | 1, 2, 3, 4, 5, 6 | |
| Presentation | TBC | 25% | 1, 2, 3, 4, 5, 6 | |
| Essay | 8 Nov 2024 | 60% | 1, 2, 3, 4, 5, 6 |
| *Feedback method (to be determined by course teacher) | |
| 1 | A general course report to be disseminated through Moodle |
| 2 | Individual feedback to be disseminated by email / through Moodle |
| 3 | Individual review meeting upon appointment |
| 4 | Group review meeting |
| 5 | In-class verbal feedback |
3.2 Assessment Detail
To be advised by course convenor(s).
3.3 Grading Criteria
Please refer to the following link: https://www.law.hku.hk/_files/law_programme_grade_descriptors.pdf
Learning Activities
4.1 Learning Activity Plan
| Seminar | 3 hours / week for 12 teaching weeks |
| Private study time: | 9.5 hours / week for 12 teaching weeks |
Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.
4.2 Details of Learning Activities
To be advised by course convenor(s).
Learning Resources
5.1 Resources
| Reading materials: | Reading materials are posted on Moodle |
| Core reading list: | TBA |
| Recommended reading list: | TBA |
5.2 Links
Please refer to the following link: http://www.law.hku.hk/course/learning-resources/