LLAW6046 & JDOC6046 (Class A)

General Course Information

1.1 Course details

Course code:	LLAW6046 / JDOC6046 (Class A)
Course name:	Privacy and Data Protection
Programme offered under:	LLM Programme / JD Programme
Semester:	First
Prerequisites / Co-requisites:	No
Credit point value:	9 credits / 6 credits
Cap on student numbers:	45 [priority to LLM(CR) & LLM(T&IPL) students]

1.2 Course description

This course will explore privacy and data protection in an increasingly interconnected data economy. The Personal Data (Privacy) Ordinance and the data protection principles in particular will be studied in depth, making reference to relevant court judgments and Administrative Appeal Board cases. Privacy protection under other ordinances and common law principles (such as breach of confidence, misuse of private information, nuisance, trespass and defamation) will also be covered. Emphasis will be made to the balance between privacy on the one hand and other rights as well as public and social interests on the other. The challenges posed by technological innovations and applications such as Big Data will be highlighted. Specific topics to be addressed will include: (a) the concept of privacy and the genesis and development of its political, philosophical and economic underpinnings; (b) global developments and international cooperation; (c) privacy and media intrusion; (d) regulation of direct marketing; (e) Privacy Commissioner for Personal Data: powers, functions and enforcement; and (f) doxxing. The course will focus on the Hong Kong situation but reference will be made to relevant international human rights instruments and the global and regional trends and developments.

1.3 Course teachers

	Name	E-mail address	Office	Consultation
Course convenor	Allan Chiang	ywchiang@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 and data protection and be able to identify and explain the values at issue in laws dealing with these subjects.

CLO2 Be conversant with and able to critically assess the key general laws (statutory and other) that protect information privacy, with special emphasis on the relevant laws in Hong Kong.

CLO 3 Be familiar with the relevant laws in other jurisdictions, and be able to comparatively assess the similarities and differences between these laws and the relevant laws in Hong Kong.

CLO 4 Be familiar with the various regulatory strategies and compliance practices for privacy and data protection, and be able to critically assess their merits.

CLO 5 Be familiar with and able to assess the challenges to privacy and data protection in an era of rapid advances in information and communication technologies.

CLO 6 Be skilled in researching and using Hong Kong, regional and international materials concerning privacy and data protection, with special emphasis on using internet-based resources.

2.2 LLM and JD Programme Learning Outcomes (PLOs)

Please refer to the following link:

LLM – https://course.law.hku.hk/llm-plo/

JD – https://course.law.hku.hk/jd-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
Research assignment*	19 Nov 2023	40%	1	This will require students to engage in research on a specific topic relating to privacy and data protection laws, and then engage in the application of the law in relation to that topic.
Take home exam*	16 Dec 2023	60%	1	This will cover the whole course, and will assess students’ familiarity with and understanding of the topics covered in the course as well as their critical, analytical and problem-solving abilities.

*The use of GenAI in both the Research Assignment and Take home examination is NOT permitted.

*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