Commercial Data Law (LAWS90213)

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)