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LS553N: REGULATION OF BIOMETRIC DATA AND PROFILING: SOCIAL, ETHICAL AND LEGAL (2024-2025)

Last modified: 23 Jul 2024 11:10


Course Overview

The course examines the regulation of biometric data and profiling in the European Union and the United Kingdom, focusing on striking a balance between technological development and regulatory processes. It begins with an in-depth exploration of biometrics and profiling within the legal framework of data protection and anti-discrimination laws, particularly the EU GDPR and the EU AI Act, and applies a comparative method to analyse the 2018 Data Protection Act (DPA). The course also addresses the ethical, social, and human rights aspects of biometric technology, aiming to foster innovative legal thinking to resolve the "privacy paradox."

Course Details

Study Type Postgraduate Level 5
Term Second Term Credit Points 30 credits (15 ECTS credits)
Campus Aberdeen Sustained Study No
Co-ordinators
  • Dr Patricia Zivkovic

What courses & programmes must have been taken before this course?

  • Law (LS)
  • Any Postgraduate Programme

What other courses must be taken with this course?

None.

What courses cannot be taken with this course?

Are there a limited number of places available?

No

Course Description

Biometric and profiling technology has greatly impacted society: it makes human lives easier by enabling biometric identification for security reasons, seamless identity verification, and personalised user experiences. However, it also has significant downsides. Identity theft, unlawful surveillance, and algorithmic discrimination are just some of them. What makes society especially vulnerable, particularly consumers and citizens, is the general acceptance of sharing our biometric data — information related to our physical, physiological, and behavioural characteristics — on social networks, smartphone applications, public spaces, and other platforms. This data-sharing can have severe implications for our freedoms and privacy. This course will explore these implications and what lawyers can and should do in terms of the regulation of biometric data.

Students in this course will explore and analyse the development of the technology for collecting, storing, and processing our biometric data, and the parallel development of regulations governing these processes. They will examine the role played by law in the protection of society along with learning about the benefits of biometric systems and profiling, their technological challenges, and the social and ethical issues stemming from their use. The main discussion revolves around finding a way to strike the right balance in regulating this sector.

Each year, the course begins with an in-depth exploration of biometrics and profiling within the legal framework of data protection and anti-discrimination laws, with a specific focus on the EU GDPR and the EU AI Act. This is followed by an examination of artificial intelligence and biometrics, delving into the legal implications and regulatory challenges. A comparative method is applied to analyse the 2018 Data Protection Act (DPA).

In addition to those seminars, the course incorporates the latest technological developments while maintaining its focus on biometrics and profiling. It typically covers topics such as:

- Face recognition,

- Emotion detection technology,

- Neurodata and neurotechnology,

- (Biometric) online profiling, and

- Social scoring systems.


Contact Teaching Time

Information on contact teaching time is available from the course guide.

Teaching Breakdown

More Information about Week Numbers


Details, including assessments, may be subject to change until 30 August 2024 for 1st term courses and 20 December 2024 for 2nd term courses.

Summative Assessments

Online Exam

Assessment Type Summative Weighting 70
Assessment Weeks 30 Feedback Weeks 33

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Feedback

3 hour Online Exam

Learning Outcomes
Knowledge LevelThinking SkillOutcome
ConceptualAnalyseTo develop a critical understanding of the approach of the European Court for Human Rights to the enforcement of the right to privacy.
ConceptualAnalyseTo develop a critical understanding of how regulators, legislators, and national courts approach the notion and regulation of biometric data and the enforcement of the respective rights and freedoms
ConceptualAnalyseTo gain knowledge and understanding of the regulation of all special categories of personal data, with emphasis on biometric data.
ConceptualEvaluateTo analyse and evaluate the role of the legislators, regulators and courts in the exercise of the regulation of biometric data and the relation to the social and practical implications of the tech.
ReflectionCreateTo communicate orally and in writing information, advice and choices in an effective manner.

Essay

Assessment Type Summative Weighting 30
Assessment Weeks 35 Feedback Weeks 38

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Feedback

The feedback will be provided online within three weeks of submission.

Word Count 2000
Learning Outcomes
Knowledge LevelThinking SkillOutcome
ConceptualAnalyseTo develop a critical understanding of how regulators, legislators, and national courts approach the notion and regulation of biometric data and the enforcement of the respective rights and freedoms
ConceptualAnalyseTo gain knowledge and understanding of the regulation of all special categories of personal data, with emphasis on biometric data.
ConceptualAnalyseTo develop a critical understanding of the approach of the European Court for Human Rights to the enforcement of the right to privacy.
ConceptualEvaluateTo analyse and evaluate the role of the legislators, regulators and courts in the exercise of the regulation of biometric data and the relation to the social and practical implications of the tech.
ReflectionCreateTo communicate orally and in writing information, advice and choices in an effective manner.

Formative Assessment

There are no assessments for this course.

Course Learning Outcomes

Knowledge LevelThinking SkillOutcome
ConceptualEvaluateTo analyse and evaluate the role of the legislators, regulators and courts in the exercise of the regulation of biometric data and the relation to the social and practical implications of the tech.
ConceptualAnalyseTo gain knowledge and understanding of the regulation of all special categories of personal data, with emphasis on biometric data.
ReflectionCreateTo communicate orally and in writing information, advice and choices in an effective manner.
ConceptualAnalyseTo develop a critical understanding of how regulators, legislators, and national courts approach the notion and regulation of biometric data and the enforcement of the respective rights and freedoms
ConceptualAnalyseTo develop a critical understanding of the approach of the European Court for Human Rights to the enforcement of the right to privacy.

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