Rethinking ‘openness’ in the context of artificial intelligence


  • Freyja Van Den Boom


  • Maurizio Borghi
  • Brigitte Vezina
  • Javier Ruiz Diaz
  • Michał Czerniawski

Organisation: Centre for Intellectual Property Policy & Management (CIPPM) Bournemouth University

Room: Online 3

Timing: 18:30 - 19:45 on 27 January 2021

The development of algorithms requires access to large amounts of data. Open Data initiatives address the need for access to data to help advance the development and adoption of beneficial AI in society. The PSI Directive has helped to make data held by public sectors open for the use and training of AI systems which is not the case for privately held data specifically human-created works protected by copyright or neighbouring rights. Moreover, private companies who benefit from access to 'open data' are often in a position to create proprietary or quasi-proprietary entitlements around the outcomes of data processing, thereby turning open access into de facto exclusive rights in reverse.

To address the challenges posed by and for AI access to data we may need to redefine what ‘openness’ means. Following the introduction of an exception for text and data mining in the Directive on copyright in the Digital Single Market (2019/790); the panel will discuss

• the dangers created by unregulated use of AI
• how the norm introduced by the new copyright directive can be used
• to mitigate such dangers and
• enable privately held data to become more accessible, allowing AI to flourish in ways that are beneficial to all stakeholders involved.


Freyja Van Den Boom

Bournemouth University (UK)

Freyja van den Boom is PhD candidate at Bournemouth University and a Research Fellow at the Weizenbaum Institute in Berlin. Her research focusses on the legal and ethical aspects of Big Data in the context of connected cars and telematics insurance. She obtained her LLM from Tilburg University and MSc from Lund University, and before joining Bournemouth University worked on several European funded research projects on privacy and intellectual property including on text and datamining and the PSI Directive.


Maurizio Borghi


Brigitte Vezina

CreativeCommons (NL)

Brigitte is Policy Manager at Creative Commons (CC). Before joining CC, she worked for a decade as a legal officer at WIPO and then ran her own consultancy, advising Europeana, SPARC Europe and others on copyright matters. Currently located in the Netherlands where she lives with her husband and two kids, Brigitte grew up living in eight different countries across North America, Africa and Europe but Montréal is where she proudly comes from. Brigitte is a fellow at the Canadian think tank Centre for International Governance Innovation. She holds a bachelor’s degree in law from the Université de Montréal and a master’s in law from Georgetown University. She has been a member of the Bar of Quebec since 2003.

Javier Ruiz Diaz

Ruiz Macpherson Ltd (UK)

Javier Ruiz Diaz is an independent consultant covering a broad range of digital and technology policy and advocacy areas such as digital trade, state surveillance, transparency, privacy and ethics. He is an expert advisor to the UK Government on digital trade and intellectual property. Javier is the former Policy Director of the Open Rights Group.

Michał Czerniawski

European Data Protection Board (EU)

Michal Czerniawski, is a legal officer at the European Data Protection Board. He has completed a PhD on the territorial scope of the EU data protection regime. He holds an LL.M. in Law and Technology from the University of Ottawa and is an attorney-at-law admitted in Poland. Before joining the EDPB, he was the Counsellor for Data Protection, Cybersecurity and Telecommunications at the Permanent Representation of Poland to the EU. He has been directly involved in the process of drafting and negotiating the new EU data protection legislation.