DATA MANAGEMENT AND LEGAL ISSUES

The course is one of the core educational activities of the degree programme in Digital and Public Humanities and it addresses the role of data management with respect to data and information, as well as the related protection of both the patrimonial and personal rights accorded to natural and legal persons. Lessons will consider the relevant legal issues arising from data collection and moving to data sharing within the digitalisation procedures which concern archives, libraries, museums, etc.
The goal of the course is to provide students with general knowledge of legal issues related to data management, in particular data protection, copyright and other intellectual property rights, especially from a European perspective.
Principles and rules based on EU law - including the ones set out by the General Data Protection Regulation (GDPR), the Digital Copyright Directive, and the Artificial Intelligence Act (AIA) - will be studied in detail, as well as other EU regulations related to data governance.
Special attention will be given to the outcomes of the EU Courts and the decision of the supervisory authorities of Member States, as well as to modern challenges in the digital age, such as Open Access to Research Data and culture, AI and intellectual property-related issues, NFT.

1. Knowledge and understanding
1.1 Understand the importance of data/the role of information and its effects on the 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 rights and ensuring the free movement of data.

2. Applying knowledge and understanding
2.1 Analyze and critically evaluate the solutions offered by law for 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 explanation 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
• General Data Protection Regulation (GDPR)
• Artificial Intelligence Act (AIA)
• Risk-based approach
• Principles relating to data processing
• Data controller, data processor, data subject
• Lawfulness of data processing
• Rights of the data subject
• Accountability and data governance
• IP rights and copyright issues
• Inventorship and authorship in the age of generative AI systems
• Data sharing and Open Data
• Arts, generative AI systems & NFT

- 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
- World Intellectual Property Organization, Factsheet on Generative AI Navigating intellectual property, 2024 (https://www.wipo.int/export/sites/www/about-ip/en/frontier_technologies/pdf/generative-ai-factsheet.pdf )
- J. Pila - P. Torremans, European Intellectual Property Law, last ed., limited to paragraphs 2 and 3 of Part I and paragraphs 1 and 2 of Part III.
- other materials (e.g. journal articles, audiovisual, judicial decisions, slides) that will be uploaded to Moodle during the course

It is essential to study the relevant 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 (max. time 1h and 15 min.).

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

The grade is determined by:
- knowledge and understanding of the exam's questions (range 10 points);
- ability to analytically scrutinize the exam's questions (range 8 points)
- ability to identify and highlight connections between legal rules (range 6 points);
- linearity and logic of the written answers (range 6 points)

The course is mainly structured into several frontal lessons. Seminars will be also organised during the course (AI & Arts, Metaverse, etc.).

The students will be invited to discuss and expose case law in groups (e.g. workshop, keynote). 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.

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