Regulation of the protection of personal data

Language

French

Main themes

Many documents to be managed and archived contain personal data (a broad concept that includes any information relating to an identifiable individual). In order to preserve the fundamental rights of citizens, it is crucial to master the legal rules to be respected in the presence of such data, especially since the European Data Protection Regulation (GDPR) which lays down these rules provides for particularly high financial penalties in the event of non-compliance. The legislation on electronic communications must also be taken into account since it comes in addition to the rules of the GDPR when dealing with electronic communications (emails, sms, etc.) to be managed and archived.

Learning outcomes

At the end of this learning unit, the student is able to :

At the end of this unit, the student will be able to: Understand the issues at stake in the legal rules on the protection of personal data and the protection of privacy; Mobilise the reference texts in this field (GDPR, Belgian complementary law, specific law on electronic communications);  Assimilate the concepts, rules and legal principles of these subjects; Apply the legal rules to concrete situations, identify the legal constraints to be taken into account in these situations and the requirements to be met in order to be compliant.

Content

• The European General Data Protection Regulation (GDPR);
• The Data Protection Act of 30 July 2018;
• The law of 13 June 2005 on electronic communications (as regards the archiving of e-mails and electronic communications).
• The Belgian Data Protection Authority: its competences and action.

Teaching methods

Lectures presenting the theoretical material illustrated by numerous case studies and real-life situations.
Active participation of the students, in particular for the drafting of a "privacy policy" and for the management of requests for access, rectification and deletion of data, involving preparatory work, individually or in groups depending on the exercise, with collective presentation/discussion.
Students will be provided with a slide show and a reading portfolio containing legislative, case law and doctrinal documents.

Evaluation methods

The assessment will be based on individual student performances during the semester (e.g. drafting a privacy policy, solving cases, ...) and on a written exam including comprehension questions and application questions (by solving practical cases corresponding to those seen in the course).

Faculty or entity

EHAC