Task: Students are asked to research and write a 4,000-word essay addressing a question(s) they have devised which has been approved by the Subject Coordinator (see attached). The question must sufficiently relate to the subject and have a relevant Australian legal/regulatory dimension.

In addressing the question, students must not conduct research that requires ethics approval e.g. conduct interviews or surveys with humans, collect data about humans, etc. There is simply not enough time to obtain the required approval from the University/Faculty within the semester.
Organisation and Structure: A research essay has five broad parts:

1. Introduction: An introduction should be a succinct summary of the essay. The marker should, after reading the introduction, have a clear understanding of the topic and a broad overview of the questions/problems/issues and the student’s methodology used to address those questions/problems/issues.

2. Background: Depending on the topic, setting out relevant background may be necessary, for example, defining key terms or concepts, identifying and briefly discussing relevant law or industry practice or government policy, identifying and summarizing published materials in the area, etc. Discuss what is significant, necessary and relevant to your analysis. Avoid irrelevancies.

3. Identify the questions/problems/issues: Clearly set out and discuss the questions and issues identified. The use of subheadings for each distinct problem is useful.

4. Resolving the questions/issues; methodology: Having identified the questions/problems/issues you should identify the methodology used to analyse/discuss/consider/resolve the questions/problems/issues. In Parts 3 and 4 (the key components of any essay) an examiner will look for various features including: your arguments; identifying and critically discussing other published works in the area; identifying the significant and important questions/issues; consistency and logical development of argument; consideration of the concepts applicable to solving the problem; original research/ideas; how you use existing knowledge and relate that to new knowledge; the application of theoretical ideas to industry practice; critical evaluation of existing case law (where relevant); etc.
Key Issues (refer to proposal attached):
– How much power should the data protection authority be conferred in instructing or recommending the service providers or data handlers?
– Should there be more emphasis on obtaining the prior consent of the data subject for ethical considerations or should the consent by the data subject be exempt/implied under the statute for more efficient process?
– To what extent does this exemption, from the last issue, have to be imposed on the data subject under the applicable statutes, if any?
– How should the relevant legislation(s) be interpreted and applied to data owners and processors operating outside its jurisdiction? In other words, should they be limited to domestic scope only or beyond the jurisdiction?
Criteria: Nature, sophistication and significance of essay question; sophistication and appropriateness of approach; development of a sustained thesis or argument addressing the essay question; knowledge and understanding of relevant law/theory/policy; critical analysis and evaluation of relevant issues including their identification and application of relevant law/theory/policy; response to ethical dimension, depth of research (both primary and secondary sources, as relevant) and engagement with relevant sources; structure and organisation; style and expression; referencing in accordance with the Faculty’s preferred style (AGLC3).

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