Ateneo - UPO

The course focuses on the role of the current digital transformation of society, in which information and communication technologies (ICTs) are integrated into everyday economic, social and cultural activities to such an extent that the well-being of individuals depends on them. The growing relevance of ICTs has generated a progressive “datafication of human societies” (Durante, Pagallo, 2022, 8), in which data take on the role of constitutive elements of the digital transformation, since they “define the way we produce, consume and live” (COM EU 2020/66).
Against this background, the aim of the course is to investigate the relationship between law and digital society, proceeding in two strands: on the one hand, analysing the regulatory framework concerning “the politics of data” (Durante, Pagallo, 2022); on the other hand, examining the relationship between law, technology and science with particular reference to the role of institutions in the governance of scientific research.
Studying the European and national regulatory framework concerning data, special attention is drawn to the processing of personal data and the safeguard of the fundamental right to the protection of personal data and the right to privacy. 
In the investigation between law, technology and science, the role of an open, pluralistic and inclusive science in the context of a digital and democratic society will be explored.

The exam focuses on the content of the lectures and includes the study of the following texts:
Massimo Durante, Ugo Pagallo (eds.), La politica dei dati. Il governo delle nuove tecnologie tra diritto, economia e società, Mimesis edizioni, Milano-Udine, 2022, pp. 123-140; pp. 203-260;
Guidelines of the Italian data protection authority on the application of the GDPR (https://www.garanteprivacy.it/regolamentoue/guida-all-applicazione-del-regolamento-europeo-in-materia-di-protezione-dei-dati-personali);
Ludovica Paseri, Scienza aperta: Politiche europee per un nuovo paradigma della ricerca, Mimesis edizioni, Milano-Udine, 2024, pp. 15-43; 65-98; 129-201.

The purpose of the course is to provide students with the knowledge and fundamentals of law in the digital society, in order to be able to understand the normative sources of the context and their application. The aim is also to strengthen argumentative skills and develop critical thinking on the main topics of the course in order to lead students to express themselves correctly in technical-legal language.

None

The course, delivered in presence, consists of 48 teaching hours. The lectures are integrated by reading and study materials, ppt presentations, reports, etc. All the materials will be made available through the Dir platform.

An oral exam covering the entire syllabus is required to pass the course. It will be structured through questions aimed to ascertain both the acquisition of knowledge of the program and the ability to develop arguments and critical thinking on the main topics investigated throughout the course. The students’ ability to express themselves in technical-legal language will be adequately taken into account in the assessment.

The course is structured in four parts: 
1) Introduction (4h)
The first part of the course is dedicated to the analysis of the concepts and notions such as “politics of data”, “datafication”, “ICT-dependent societies”. In this context, the regulatory framework on data goverance, at European and national level, will be illustrated.

2) Politics of data (14h)
In the second part of the course, the attention is drawn to the major legal issues of the digital society. The set of previously unseen issues raised by the digital transformation makes it necessary to delve into (i) the risks and opportunities of technological innovation, with specific reference to artificial intelligence; (ii) the various governance models available; (iii) the implications of algorithmic discrimination; (iv) as well as intellectual property issues related to data. 

3) Data Protection and Privacy (15h)
The third part of the course is devoted to an in-depth study of the legal framework on personal data protection and privacy at European and national level. The General Data Protection Regulation (GDPR) will be studied and the most problematic issues concerning the processing of personal data in the digital society will be discussed. 

4) Open Science (15h) 
In the last part of the course, the role of science in the digital society will be investigated, as well as the political and institutional responses given to the challenges arising from the technological transformation in the context of scientific research. Particular attention will be given to the concept of openness of science, how it has changed over time and the interpretation given by European institutions.

As a result of the course, students are expected to:
-  have acquired the basic knowledge and background elements of the course;
-  be familiar with the regulatory sources and their application in the relevant field;
-  be able to develop arguments and critical thinking on the topics discussed during the course;
-  understand and correctly use the technical-legal language.