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