Commercial Data Law (LAWS90213)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
Semester 2
Teaching staff:
Mark Taylor (Subject Coordinator)
Phil Catania
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | Semester 2 |
|---|---|
| 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.
Indicative list of principal topics:
- 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: 4 March 2025
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 (On Campus - Parkville) |
12.5 |
| LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
| LAWS50029 | Contracts | Semester 2 (On Campus - 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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Presentation (prerecorded)
| During the teaching period | 20% |
Essay
| End of the teaching period | 80% |
Additional details
The due dates of assessment will be made available to students on the Assessment Schedule on the Juris Doctor Canvas LMS Community. Note, these are updated regularly.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- Semester 2
Principal coordinator Mark Taylor Coordinator Phil Catania Mode of delivery On Campus (Parkville) Contact hours 36 Total time commitment 150 hours Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 28 July 2025 to 26 October 2025 Last self-enrol date 8 August 2025 Census date 1 September 2025 Last date to withdraw without fail 26 September 2025 Assessment period ends 21 November 2025 Semester 2 contact information
Teaching staff:
Mark Taylor (Subject Coordinator)
Phil Catania
For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has an enrolment quota. Please refer to the Juris Doctor enrolment webpage for further information about re-enrolment and subject quotas. Melbourne Law School may reserve places in a subject for inbound study abroad and exchange students.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
- Links to additional information
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
(enquiries for current students | enquiries for prospective students).
Last updated: 4 March 2025