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International Privacy Law (Zarsky)
Fall 2019   LAW 993-001  

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Meeting Times/Location
R 4:30PM - 6:30PM
Tanenbaum Hall 142

Faculty
Tal Zarsky

Visiting Scholar

tzarskyupennlaw@gmail.com
Additional Information

Skills Training
Oral Presentations
Expository Writing

Grading
5% Participation,
60% Paper,
35% Other (Presenting research question in class - 10%; Writing short reflections and responses: 25%)

Satisfies Senior Writing Requirement

Yes

Category
Seminar

Credits
3.0

Information privacy and data security are finally receiving the attention they deserve. Regulators and lawmakers worldwide are struggling to adjust their legal systems to overcome the privacy and security challenges the new data economy has brought about. Yet different countries take different approaches given their unique economic setting and cultural background. The course addresses central privacy challenges while comparing several central legal systems and ways of thought (from the U.S., Canada, the E.U, Israel and elsewhere). Such a comparison is academically intriguing, yet also of great practical importance to multinational entities, or ventures engaged in transborder information flows.

Reading materials would be provided. Key topics will include: introduction to privacy, privacy theories and privacy regimes around the world, balancing privacy, free speech and other social objectives, health, medical and genetic privacy, privacy and law enforcement, privacy and anonymity, AI and privacy, the limits of privacy, data security and the protection of critical infrastructure from cyber attacks.

The seminar would require class participation, a brief presentation of a research project, the submission of a final academic paper, four short reflection papers (up to 300 words) and four responses (between 75-150 words) to other students’ reflections submitted throughout the semester.. At the end of the class, students are expected to: 1. Understand the basic different privacy theories considered and applied worldwide. 2. Gain a familiarity with the fundamental concepts of national privacy regimes, and the mechanics of data transfers and flows, as well as cross border searches. 3. Be able to effectively articulate the differences between different regulatory strategies commonly used to counter privacy dilemmas. 4. Have the ability to successfully analyze primary and secondary texts pertaining to information privacy from various legal regimes and identify potential cultural influences affecting them (influences which are crucial to properly interpret these text). 5. Develop and improve their critical thinking regarding legal concepts related to privacy, while relying upon comparative aspects.

Course Concentrations

International and Comparative Law
Learning outcomes: Demonstrate a core understanding of international and comparative law, both substantively and procedurally; Perform legal analysis in the context of international and comparative law; Communicate effectively on topics related to international and comparative law; Demonstrate an understanding of the role of international and comparative law, and their interconnection with domestic law.

Constitutional Law
Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.

Intellectual Property and Technology Law
Learning outcomes: Demonstrate a core understanding of intellectual property law; Perform legal analysis in the context of intellectual property law; Communicate effectively on topics related to intellectual property; Demonstrate an understanding of the interconnection between technology and intellectual property, and how they affect other areas of law and society.

Perspectives on the Law
Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.