Archives law, data governance and access to information

Language

French

Main themes

The conservation, management and valorisation of documents and data are covered by a set of legal rules which impose archiving obligations as well as the conditions under which this can be carried out. Legal regulation also favours the sharing of data and their reuse by different stakeholders. This course aims to introduce and familiarise students with these legal rules and their practical application.

Learning outcomes

At the end of this learning unit, the student is able to :

At the end of this unit, the student will be able to: Understand the implications of the legal rules on archiving, access to information, open data and data governance; Mobilise the reference texts in this field (Belgian regulations on public archives and on access to public sector documents, Belgian and European regulations on open data and the re-use of public data, and the European regulation of 30 May 2022 on data governance); Understand the legal concepts, rules and principles of these subjects; Apply the legal rules to concrete situations of archiving, requests for access to public sector documents, public and private data sharing projects, and data re-use projects.

Content

Online platforms and more generally the web provide an essential tool for freedom of expression and right to information. In this new digital ecosystem, the preservation and accessibility of digital heritage are major societal challenges. Digital resources can contribute to public debate, and have cultural, societal, educational, historical and even scientific importance. While initiatives to preserve and provide access to digital heritage fall within the scope of freedom of expression and information, they also imply compliance with other competing rights and interests. 
The aim of this course is to present the different legal issues of web archiving and to familiarize students with the necessary balancing act.

The course will therefore cover:

• The challenges of preserving digital heritage with regard to freedom of expression, the right to information and the right to privacy;
• The law on archives;
• The missions of public institutions with regard to digital heritage preservation activities;
• The legal issues relating to social media:

1. The public or private nature of content posted on social media;
2. Legal rules governing image rights;
3. Freedom of expression on social media and hate speech;
4. The challenges of illegal and harmful content, and online content moderation;
5. Online disinformation

• The evidential value of electronic archives (Digital Act)
   

Teaching methods

Lectures presenting the theoretical material illustrated by numerous case studies and real situations.
Active participation of students, notably through i) exercises to mobilise texts and apply relevant legal rules, ii) oral presentations of case resolution and/or analysis, and iii) group discussions.
Students will be provided with detailed powerpoint presentations (slides) of the courses.

Evaluation methods

For the first session, assessment will take place in two parts:
-    The first part (10 points out of 20 points, i.e. 50% of points) will consist of "continuous assessment": submission of a written assignment during the semester, with an oral presentation in class. This assessment activity will be organized individually or in groups, depending on the number of students enrolled.
-     The second part of the assessment (10 points out of 20 points, i.e. 50% of points): written examination during the session. 
For the second session (20 points): oral examination.

Faculty or entity

EHAC