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This course is for year III and IV at FAA

General competences (general competences are mentioned in the bachelor degree card and specialization card)

On successful completion of this module the student will be able to:

Specific competence

of the subject

1. Knowledge and understanding (knowledge and proper use of specific concepts of the subject) Demonstrate an understanding of the different legal issues in the field of Information Technology, e-commerce and Information Law .

2. Explanation and comments(explanation and comments of ideas, projects, processes, as well as of practical and theoretical subject content) Analyse the underlying political, economic or social factors and issues that have influenced legislators, policy makers and judges in the emergence, development and interpretation of law.

3. Instrumental – applicative (projecting, managing and evaluating of specific practical activities; methods, techniques and research and applied instrumentals) Analyse key statutory regulation in the fields, relate their relevance to a modern business environment and identify which areas they may require specialist counsel in during typical business administration activities.

4. Attitudinal (creating a positive and responsible attitude toward the science area/generating a scientific environment based on values and democratic relations/developing a system of cultural, moral and civic values/optimal and creative valuating of proper potential of scientific activities/involvement in institutional development and in expanding scientific innovations/concluding parteneriate relations with other individuals/institutions having similar responsibilities/involvement in himself/herself professional development) achieve an understanding of the complex balance that needs to be created for a proper flow of information and distribution of power within today’s knowledge economies within societies governed by the rule of law in an EU context.

Table of contents

1. The notions of information and data including the Romanian Constitution and the right to personality. personlichkeitsrecht , and legacy issues including the Law on the Access to the Personal File and the disclosure of the Securitate as a Political Police (1999) (2 hours)

2. Privacy & Data Protection Law (From ECHR Art 8 COE 1981 to EU 46/95 to the Romanian Law on Protection of Persons concerning the Processing of Personal Data and the free Circulation of Such Data" including National Authority for Supervision of Personal Data processing (4 hours)

3. Freedom of Information legislation - the concepts of "open government" and Government in the sunshine. from Sweden in 1776 to the USA in 1966 to the UK in 2005 to Romania's Constitution Article 31 (2 hours)

4. Media law in a democratic society, especially regarding print, broadcast media and information flows. (2 hours)

5. Computer crime, cyberspace and problems of jurisdiction (The Cybercrime Convention and Romanian law 161/2003) (2-4 hours)

6 History and development of e-commerce (2 hours)

7. contract formation online (2 hours)

8. legal issues in e-commerce in tangible goods (1 hour)

9. legal issues in e-commerce in intangible goods (1 hour)

10. payment and finance/online payment (1 hour)

11 liability (contractual, tort, statutory and criminal) (1 hour)

12 choice of law and forum (applicable law and jurisdiction) (1 hour)

12 e-signatures and certificates (1 hour)

14 alternative dispute resolution (e.g. SquareTrade and ECODIR) (1 hour)

16 issues of taxation (1 hour)

17. intellectual property law issues (patents, trademarks, copyright) (2 hours)

18. data protection and privacy and consumer's rights (1 hour)

Bibliography

Core Texts

Dobrinoiu Maxim, Infractiuni in domeniul informatic, C.H. Beck, Bucuresti, 2006

Reed, Chris and John Angel (2007) Computer law: The law and regulation of information technology, 6th edition, Oxford: Oxford University Press

Vasiu Ioana, Vasiu Lucian, Informatica Juridica si Drept Informatic, Editura Albastra, 2007

Books

Bennett, C.J. & Raab, C.D. (2003) The Governance of Privacy. Policy instruments in global perspective, Ashgate: United Kingdom .

Lloyd, Ian J. (2004) Information technology law, 4th edition, Oxford: Oxford University Press

Wall David S, Cybercrime, Polity. UK , 2007

List of required didactic papers



This course is for year 2 at FAA.
This course is intended to introduce students in Public Administration to the world of Information law in a world where Information Technology and the law relating to it are increasingly a very important part of Public Administration in all EU member states. The following is a detailed outline of the objectives and structure of the course

General competences (general competences are mentioned in the bachelor degree card and specialization card)

On successful completion of this module the student will be able to:

Specific competence

of the subject

1. Knowledge and understanding(knowledge and proper use of specific concepts of the subject) Demonstrate an understanding of the different legal issues in the field of Information Technology and Information Law.

2.Explanation and comments(explanation and comments of ideas, projects, processes, as well as of practical and theoretical subject content) Analyse the underlying political, economic or social factors and issues that have influenced legislators, policy makers and judges in the emergence, development and interpretation of law

3. Instrumental – applicative(projecting, managing and evaluating of specific practical activities; methods, techniques and research and applied instrumentals) Analyse key statutory regulation in the fields, relate their relevance to a public administration environment and identify which areas they may require specialist counsel in during typical public administration activities.

4. Attitudinal(creating a positive and responsible attitude toward the science area/generating a scientific environment based on values and democratic relations/developing a system of cultural, moral and civic values/optimal and creative valuating of proper potential of scientific activities/involvement in institutional development and in expanding scientific innovations/concluding parteneriate relations with other individuals/institutions having similar responsibilities/involvement in himself/herself professional development) achieve an understanding of the complex balance that needs to be created for a proper flow of information and distribution of power within today’s knowledge economies within societies governed by the rule of law in an EU context

Table of contents

1. The notions of information and data including the Romanian Constitution and the right to personality. personlichkeitsrecht , and legacy issues including the Law on the Access to the Personal File and the disclosure of the Securitate as a Political Police (1999) (2 hours)

2. Privacy & Data Protection Law (From ECHR Art 8 COE 1981 to EU 46/95 to the Romanian Law on Protection of Persons concerning the Processing of Personal Data and the free Circulation of Such Data" including National Authority for Supervision of Personal Data processing (4 hours)

3. Freedom of Information legislation - the concepts of "open government" and Government in the sunshine. from Sweden in 1776 to the USA in 1966 to the UK in 2005 to Romania's Constitution Article 31 (2 hours)

4. Media law in a democratic society, especially regarding print, broadcast media and information flows. (2 hours)

5. Computer crime, cyberspace and problems of jurisdiction (The Cybercrime Convention and Romanian law 161/2003) (2-4 hours)

6. The Law regarding Free Access to Information of Public Interest (October 2001) (2 hours)

7. The Law on Protecting Classified Information (April 2002) (2 hours)

8. The Law on Decisional Transparency in Public Administration (2 hours)

9. The Law on Certain steps for assuring Transparency in Performing High Official Positions, Public and Business Positions, for Prevention and Sanctioning of Corruption (2003) (2 hours)

10. The Law on National Archives (1 hour)

11.Governmental Decision no 878/2005 on public access to environmental information as implementing EU Directive 2003/4/EC (1 hour)

12. The Law 506 from 2004 regarding the processing of personal data in the electronic communications, and the Law 304 from 2003 regulating the universal service. (2 hours)

Bibliography

Core Texts

Dobrinoiu Maxim, Infractiuni in domeniul informatic, C.H. Beck, Bucuresti, 2006

Reed, Chris and John Angel (2007) Computer law: The law and regulation of information technology, 6th edition, Oxford: Oxford University Press

Vasiu Ioana, Vasiu Lucian, Informatica Juridica si Drept Informatic, Editura Albastra, 2007

Books

Bennett, C.J. & Raab, C.D. (2003) The Governance of Privacy. Policy instruments in global perspective, Ashgate: United Kingdom .

Lloyd, Ian J. (2004) Information technology law, 4th edition, Oxford: Oxford University Press

Wall David S, Cybercrime, Polity. UK, 2007



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