ALGORITHM AND DATA MANAGEMENT LAW

ALGORITHM AND DATA MANAGEMENT LAW

Eugenio Prosperetti

Instructional goals

Knowledge and comprehension of legal issues related to the management and processing, through information technology systems and algorithms, of data – both personal and non-personal – by businesses and public administration and knowledge of legal issues deriving from the extensive application of algorithm and artificial intelligence technologies to public and private sectors, including the emerging theme of predictive justice.

Intended learning outcomes

Knowledge and understanding: During the Course, students will acquire extensive knowledge of the regulations applicable to some of the most innovative technologies of the contemporary era, together with detailed information on the limitations thereof, with specific reference to the legal discipline applicable to developing such technologies and to the main problems deriving from the increasingly widespread use of information technologies. Applying knowledge and understanding: Having acquired the applicable legal elements, students will have a better comprehension of high technological content areas and their evolving regulation and contractualization. Students will also be able to understand the role of all players involved into regulation processes and the main challenges for businesses and public regulators, deriving from the topics discussed in the course. Making judgements: The course aims to provide students with a set of advanced tools for the analysis of legal issues pertaining to the interaction between law and technologies and, at the same time, to provide them some orientation on the “state of the art” of the most advanced legal themes related to the concept of “data”, so to allow them to autonomously evaluate the applicable law to digital goods and services used by businesses as well as to provide students with the capability to strategically direct relevant legal decisions pertaining to information technology. Communication skills: As part of the course, opportunities will be provided to allow interaction between students and the teaching staff, including seminars with guests and practical workshops, during which students will be required to develop, in groups, specific presentations on predetermined topics to be discussed with the other students, and shall receive evaluation thereof, which shall be part of their final assessment. Learning skills: By taking the exam and discussing the topics chosen during the laboratory activities, students will learn advanced skills to be used during their university career and post-graduate; the course will allow them to acquire a greater knowledge of the issues that involve the relationship between information technologies, legal standards and regulation.

Course Contents

1. Analysis of the regulation applicable to data management and use of algorithms and the relevant issues thereof; 2. Exam of the regulation applicable to Big Data and of its interaction with personal data, focusing on its potential applications for public and private use; 3. Analysis of the regulation pertaining to copyright on databases and software, focusing on the development of cloud and software-as-a-service (SAAS) systems, their terms and conditions and the relations with consumer rights; 4. Analysis of electronic signature and digital identity systems in Italy and in the EU, with special regard to the EU eIDas Regulation; 5. Analysis of the issues arising from the application of artificial intelligence systems to the management of public and private services, with particular attention to e-justice, predictive justice and smart contracts; 6. Analysis of the relation between data available for use by private and public administrations and rights of the data subjects concerning the use of their personal data for the provision of commercial and/or public services, following the innovations of EU Regulation no.2016/679 (GDPR). Case studies for specific applications of the rules of the GDPR to certain data management in particular business sectors.

Reference Books

Most readings cited during the course will be available via LUISS on-line subscriptions. Students will be in any case provided with relevant materials for each lesson of the course, via upload in the course’s webpage. It is advised, albeit entirely optional, to read the following book: Yeung, K. & Lodge, M. (2019) “Algorithmic Regulation” (Oxford University Press) – 2019 (1rst ed., 271 pgs.)

Teaching Methods

Teaching activities will be carried out mainly through front lectures and discussion in the virtual classroom, with guest lecturers and practical laboratory activities pertaining to the topics discussed during the lessons.

Assessment Method

Oral exam. The exam consists of an oral interview in which the student will have to demonstrate his/her knowledge and understanding of the institutions and principles of law applicable to the matter, as set out and detailed during the course. The student will have to be able to independently analyze the relevant legal sources and orientations and correctly use the technical and legal vocabulary, thus demonstrating that he/she has acquired the study method and learning ability for carrying on, also independently, further study of the matter. Knowledge of the applicable regulations will also be assessed with specific reference to practical cases or examples cited during the course. The final mark is pass/not pass, accompanied by a numeric mark up to a maximum of 30 points out of 30. The numeric mark will not be counted for curricular purposes. The mark shall be partially composed by evaluation of the presentations and results of the test (optional) which will be subject of the first lab activity. The following evaluation criteria will be taken into account to assign the grade expressed in thirtieths: - knowledge and understanding of the institutions and the principles of the matter and ability to apply them to concrete cases, using appropriate technical-legal vocabulary and citing the correct sources, thus demonstrating acquisition of the study method (70%); - originality and quality of the presentations made during the workshop activities (30%). In case of non-participation to workshop activities, the evaluation criteria of the oral exam shall constitute 100% of the value of the assigned grade. Learning gaps on one or more institutes or principles will lead to an insufficient evaluation, even in the presence of a basic knowledge of the subject and of an original and quality presentation.

Thesis assignment criteria

This exam does not allow thesis assignment

Week 1

Session 1 online Introduction and Course presentation: Data Management, Algorithms and relevant legal issues of their use in private businesses and public administration.

Week 2

Session 1 on campus Databases and Big Data: legal definitions, regulation and interactions. This lesson will start from the legal definitions of Databases and Big Data and then will concentrate on the interactions between the two concepts, both in factual and regulatory field.

Week 3

Session 1 on campus Data and Algorithms in Software, software licensing. This lesson will follow the regulatory framework for software (both from the traditional point of view of the European copyright and in relation to the USA regulation), then focusing on the new software license models.

Week 4

Session 1 on campus Algorithms and Artificial Intelligence: Introduction, regulation, and legal issues, including analysis of the new EU AI regulation.

Week 5

Session 1 on campus Algorithms and data in cloud agreements. The lesson will examine the interaction between data in the field of the new technologies used in cloud agreements.

Week 6

Session 1 on campus Algorithms and data in contracts The lesson will examine the prominent legal tools for the use and the protection of NDA agreements, the applicable regime for employee inventions, data rentals and data transfers.

Week 7

Session 1 on campus Algorithms and data in Public Services and Administration. Digital Identity and Electronic Signature Systems in private businesses and public services. The lesson shall focus on the topic of the possible use of data and artificial intelligence systems to speed up, simplify and streamline administrative procedures and public administration proceedings. The lesson shall then focus on the Italian and European regulation on digital identities and electronic signatures, along with the main issues and challenges to use such systems for private businesses and to provide public services.

Week 8

Session 1 on campus Social Control and Automated/Predictive Justice. The lesson shall focus on the main challenges and issues deriving from the possible use of automated data analysis and artificial intelligence systems to enforce social control and to automate and speed up justice and/or allow the experimentation of the so-called predictive justice.

Week 9

Session 1 on campus Data protection aspects of business use of databases and algorithms. The lesson shall focus on the relation between the applicable data protection regulation following the entry into force of the EU Regulation no.2016/679 and the possible commercial utilization of databases and algorithms.

Week 10

Session 1 on campus Rules of digital services. The lesson will examine the recent EU regulations on digital services.

Week 11

Session 1 on campus Workshop activities: understanding Cloud Services/AI Agreements. Students will be requested to study agreements for cloud or AI services and answer a quiz in class. Those who pass this quiz will have up to 2 extra points in the final exam.

Week 12

Session 1 on campus Workshop activities: preparing for the finale exam. Class will be challenged with some questions on the course topics and will discuss the answers with the professor.