Handbook home
Commercial Data Law (LAWS90213)
Graduate courseworkPoints: 12.5Dual-Delivery (Parkville)
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Overview
Availability(Quotas apply) | Semester 2 - Dual-Delivery |
---|---|
Fees | Look up fees |
Globally, data is gaining prominence as the commercial asset of value. It is the use of data that provides a competitive advantage, it is through data that new commercial opportunities are identified and the misuse of data, or data breach, can threaten a company’s reputation and value. What rights exist in the data that is collected or created by an organisation? What responsibilities are owed to those from whom data is collected or to whom it relates? How does that change if data is altered so that it (no longer) relates to persons in identifiable form? How can the interests held in valuable commercial data be protected? How do other countries and cultures treat these issues?
In Commercial Data Law, students will be encouraged to reflect upon the rights that are held in data of different kinds and how those rights can be or might be protected under Australian law. We will consider the issues raised across the life cycle of data from creation through to destruction, including the issues of ownership, protection, security, licensing, infringement, access and destruction. Consideration of rights and responsibilities associated with privacy, property, contract, and intellectual property will be enlivened through hypothetical scenarios informed by the experiences of a lawyer in practice.
Topics may include:
- Ownership, intellectual property, copyright, trade secrets and database rights
- Data creation by employees cf. independent contractors
- Enhancements and derived data
- Data Sharing and Disclosure
- Contract, licensing and infringement
- Consumer Data and Personal Information
- Statutory and Common Law Privacy and Data Protection
- Access and Portability
- Security, Retention and Destruction
- International and Cross Border Transfer
- International standards, including EU General Data Protection Regulation (GDPR)
Intended learning outcomes
On completion of this subject, students should be able to:
- Understand the commercial value of data and the legal issues raised by collection, use, and disclosure of data across the data life-cycle; e.g. ownership, security, privacy, access, destruction and transfer;
- Identify and describe rights and responsibilities relevant to personal and non-personal information in the commercial environment;
- Critically analyse opportunities to protect data as an asset through application of specific legal principles, e.g intellectual property, copyright, trade secrets, and database rights, confidentiality, contract, licensing, and infringement;
- Critically reflect on how Australian law compares and contrasts in relevant respects to the legal position in other jurisdictions and the implications of legal reform.
Generic skills
On completion of this subject, students should have the ability to:
- Accurately describe legal issues raised by collection, use, and disclosure of data from data cradle to grave;
- Accurately describe rights and responsibilities relevant to data in the commercial environment;
- Demonstrate an expert understanding of opportunities to, and implications of, protecting data through an application of specific legal principles;
- Critically reflect upon diverse cultural approaches to protecting the value of data through law;
- Analyse and integrate key findings from independent research and guided reading;
- Effectively convey construct expert argument through oral presentation;
- Analyse and integrate key findings from research into an extended essay that can effectively communicate to non-specialists.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
Admission into the MC-JURISD Juris Doctor
AND
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
LAWS50030 | Property | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50032 | Administrative Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Presentation (prerecorded)
| During the teaching period | 20% |
Essay
| Week 12 | 80% |
Additional details
The due date of the above assessment(s) will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- Semester 2
Coordinator Mark Taylor Mode of delivery Dual-Delivery (Parkville) Contact hours Total time commitment 144 hours Teaching period 25 July 2022 to 23 October 2022 Last self-enrol date 5 August 2022 Census date 31 August 2022 Last date to withdraw without fail 23 September 2022 Assessment period ends 18 November 2022
Additional delivery details
This subject has an enrolment quota of 60 students.
All timely JD elective enrolments are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends. Late self-enrolment is on a first-in basis up to quota.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS.
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Last updated: 31 January 2024