DATA MANAGEMENT AND LEGAL ISSUES

The goal of the course is to provide students with specific knowledge of legal issues related to data management, including data protection, copyright and other Intellectual Property rights, especially from a European perspective. The course aims at introducing the concept of ‘data’ and ‘information’ and their importance in the data-driven economy and contemporary society. Lessons will highlight the role of data governance with respect to the protection of the patrimonial and personal rights of individuals, by considering the relevant legal issues from data collection to data sharing within digital archives or databases. Principles and rules based on EU law - including the General Data Protection Regulation (GDPR), the Digital Copyright Directive, and the Open Data Directive - will be studied in detail, as well as the EU regulation named Data Governance Act and its various applications (European Data Spaces).
Special attention will be given to decisions of the EU Courts and the supervisory authorities of Member States, as well as to modern challenges, such as Open Access, AI and arts, NFT.

1. Knowledge and understanding
1.1 Understand the importance of data/the role of information and its effects on both the patrimonial and personal rights of individuals.
1.2 Knowledge of the multi-level regulatory system that disciplines the usage of data and further data sharing within the digital environment.
1.3 Understand the role that the law plays in the regulation of the digital space, balancing fundamental values and ensuring the free movement of data.

2. Applying knowledge and understanding
2.1 Analyze and critically evaluate the solutions offered by law to data collection, data storage and data sharing.
2.2 Identify the influence of information and communication technologies on the usage of data.
2.3 Understand the connection between data protection, IP rights and the protection of patrimonial and personal rights of individuals.

3. Making judgements
3.1 Capacity to interpret legislative texts.
3.2 Capacity to identify, distinguish and consider principles and rules relating to data management.
3.3 Provide a solution for cases involving the usage of data within digital archives and databases.

4. Communication skills
4.1 Proper reporting of the specific features of data protection law, copyright and open data.
4.2 Ability to interact with legal issues related to data governance.
4.3 Ability to develop critical opinions.

No prerequisites are required.

• Information, data, and the law
• Law, legal rules, society
• Sources of law
• Legal positions
• General Data Protection Regulation (GDPR)
• Principles relating to data processing
• Data controller, data processor, data subject
• Lawfulness of processing
• Rights of the data subject
• Accountability and data governance
• Data sharing
• IP rights and copyright
• Open Data and Data Spaces
• Research data and FAIR data principles
• Arts, AI & NFT

Both attending students and not-attending students have to study the following materials:

- P. Sirena, Introduction to Private Law, Il Mulino, 2021, limited to Chapter I, VI, VIII, X
- European Union Agency for Fundamental Rights and Council of Europe, Handbook on European data protection law (2018 edition), Publications Office of the European Union, 2018 (https://fra.europa.eu/sites/default/files/fra_uploads/fra-coe-edps-2018-handbook-data-protection_en.pdf ) limited to Chapter 1-4.1; 6
- J. Pila - P. Torremans, European Intellectual Property Law, last ed., limited to Part III
- other materials (e.g. journal articles, audiovisual, judicial decisions, slides) that will be uploaded to Moodle during the course

It is essential the study of EU legal acts (regulations, directives), case-law by the Court of Justice of the European Union and other public EU documents

Written exam with 3 open-ended questions.

For attending students only, during the course there will take place activities (e.g. workshop, moot court) on specific areas (e.g. NFT, blockchain, metaverse, etc.) that will be considered as part of the final exam (up to 4 bonus points). Furthermore, the student will be provided with the choice of only 2 out of 3 open-ended exam questions.

written

The course is mainly structured into several frontal lessons. Seminars will be also organised during the course (Ai & Arts, Open Data). The students will be invited to discuss and expose case law in groups (e.g. workshop). The results of those activities will be considered as part of the final exam only for the students who will take part in the aforementioned activities.

English

Accessibility, Disability and Inclusion
Accommodation and support services for students with disabilities and students with specific learning impairments

Ca' Foscari abides by Italian Law (Law 17/1999; Law 170/2010) regarding support services and accommodation available to students with disabilities. This includes students with mobility, visual, hearing and other disabilities (Law 17/1999), and specific learning impairments (Law 170/2010). If you have a disability or impairment that requires accommodations (i.e., alternate testing, readers, note takers or interpreters) please contact the Disability and Accessibility Offices in Student Services: disabilita@unive.it.

This subject deals with topics related to the macro-area "Circular economy, innovation, work" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development