Private ordering of data control in remote learning

Today, Tuesday 3rd November 2020, I’ve had the pleasure to e-meet the students of the “Law and Data” Course of the MSc Data Science coordinated by Professors Paolo Guarda and Roberto Caso (University of Trento). The topic of the seminar was ‘Private ordering of data control in remote learning’, a research-led session based on the research on the privacy and copyright issues in remote teaching carried out with Dr Rossana Ducato (then UCLouvain, now Aberdeen), Dr Giulia Priora (Sant’Anna), Dr Chiara Angiolini (Unitn), Dr Alexandra Giannopoulou (IViR), Dr Bernd Justin Jütte (Nottingham), Léo Pascault (Sciences Po Paris), and Dr Giulia Schneider (Sant’Anna).

Due to the COVID emergency, Universities and teachers switched to online teaching without proper scrutiny. In particular, without a careful consideration of how the remote teaching provider (e.g. Zoom, Moodle, etc.) deal with user content and personal data. Nobody read the Terms & Conditions that they were signing up to, but we did. And here’s what we found.

Private ordering – buried in the T&C there are insidious terms: read before using an Emergency Remote Teaching service

ERT providers can do whatever they want with our educational content and data, including sharing it with third parties and commercialuses

Teachers risk becoming the new © cops: freedom of expression and right to education?

Chilling effects: remember that you have a right to use third parties’ © without their permission (© defences/exceptions)

Copyright overprotectionv open science (Caso & Guarda 2020)

Our data is processed, shared, and transferred in dubious ways

Learning from the GDPR -We risk having our educational materials removed: we need a right to a human appealagainst automated enforcement of ©

‘More sharing, cooperation and solidarity after Covid-19?’(cf. Caso) – There is a strong case for a EU public open RT infrastructure to ensure actual control over data and educational content

Published by guidonld

I am Associate Professor of Intellectual Property Law and Privacy Law at the University of Stirling, Faculty of Arts and Humanities, where I lead the Media Law and Information Technology Law courses. I am an expert in the legal issues of Internet of Things, Artificial Intelligence, cloud computing, robotics, and blockchain. Holder of a PhD (Unipa), a postdoc (QMUL), and an HEA Fellowship, I have a strong publication and bidding record and my works on Intellectual Property, Data Protection, Information Technology Law, Consumer Protection, and Human Rights have been cited by the EU Court of Justice’s Advocate General, the House of Lords, the European Commission, and the Council of Europe. Outside of the University of Stirling, I am Director of ‘Ital-IoT’ Centre of Multidisciplinary Research on the Internet of Things, Visiting Professor at the University of Macerata, Fellow of the Nexa Center for Internet and Society, Fellow of NINSO Northumbria Internet & Society Research Group, and I serve on the Executive Committee of the Society of Legal Scholars, the oldest and largest society of law academics in the UK and the Republic of Ireland. Most of my publications can be downloaded for free on SSRN, ResearchGate,, and LawArXiv.

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