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Data: legal issues
27 May 2014
Marianne Renkema
Issues
Research data retention
Data protection
Privacy
Ownership
Retention of research data
As starting point for new research
For verification purposes
To protect patents
As evidence in case of academic misconduct
To meet requirements
Requirements
To keep your data for a certain period
Data must be available upon request
Data must be deposited in a repository
Sequence or trial must be registered before publication
…
By the university
The Wageningen Code of Conduct for Scientific Practice:
Raw research data are stored for at least five years. These data are made available to other scientific practitioners at request.
Raw research data are archived in such a way that they can be consulted at a minimum expense of time and effort.
By intergovernmental bodies
2007: OECD Principles and Guidelines for Access to Research Data from Public Funding:
“The value of data lies in their use. Full and open access to scientific data should be adopted as the international norm for the exchange of scientific data derived from publicly funded research.”
Dutch central government
Deposit the data in DANS within three months after publication of the end report
By funders
Source: European Landscape Study of Research Data. SIM4RDM (2012) http://www.sim4rdm.eu/sites/default/files/uploads/documents/SIM4RDM%20landscape%20report%20final%2025.01.12.pdf
By disciplines and learned societies
American Psychological Association
Medicine
Bio-informatics
By Journals
Survey on data policies of journals (JoRD project)
Results of Journal Survey
Total no. of Journals surveyed 371
Total no. of Journals with data sharing policies 162
Total no. of Journals that make sharing a requirement of publication
31
Total no. of Journals that enforce the policies 27
Total no. of Journals that state consequences for non compliance
7
Available upon request?
Krawczyk M, Reuben, E (2012) (Un)available upon request: field
experiment on researchers’ willingness to share supplementary
materials. Accountability in research 19(3): 175–86.
doi:10.1080/08989621.2012.678688
Economics (N = 200)64% responded44% sent their data
Savage CJ, Vickers AJ (2009) Empirical Study of Data
Sharing by Authors Publishing in PLoS Journals. PLoS
ONE 4(9): e7078. doi: 10.1371/journal.pone.0007078
Clinical trials (N=10)70% responded10% sent data
Public availability?
Alsheikh-Ali AA, Qureshi W, Al-Mallah MH, Ioannidis JPA (2011) Public Availability of Published Research Data
in High-Impact Journals. PLoS ONE 6(9): e24357. doi: 10.1371/journal.pone.0024357
N=500 first 10 original research papers of 2009 from 50 original research journals
with the highest impact factor
88% Some statement on data availability
30% Not subject to any data availabilty policy
59% Did not fully adhere (of the remaining 70%)
9% Made raw data available (of all articles)
Reluctance to share
• Authors are not confident about the data or interpretation
• Researchers are more concerned with losing advantage than advancing science
Data Protection
Two situations:
A researcher wants to protect his own data
A researcher wants to use data from other people
Legal situations
No legal protection
Protection by copyright
Protection by database right
No legal protection
Raw data or facts
Government data
The effort in producing data
Keep them secret
●Not ethical
Contract with funding agent or employer
Protection by copyright
The form in which data are presented
The selection or structure
Copyright or authors’ rights
Economic or exploitation rights
Exclusive right to:
●Publish the work
●Duplicate/reproduce the work
Moral or personality rights
Right to oppose to:
●your work being published without your name or with a different title
●Radical changes that harm your good name
http://www.ivir.nl/legislation/nl/copyrightact.html
Copyright notice
Automatic protection
Duration:
●Until 70 years after author's death
●Until 70 years after publication (anonymous work)
A copyright notice is not required, but it…
●Makes clear that the work is copyright protected
●Shows who the copyright owner is
Copyright 2010, John Johnson
© John Johnson 2010
Copyright owner
Initially:
Creator
Employer of the creator (art 7 Aw)
Copyright can be given away, sold, inherited, waived, claimed by funding agent, ...
What if data is copyright protected?
Can you use the data without consent?
Can you publish the data without consent?
Can you use a figure of table with data from someone’s publication in your own publication without consent?
Database right
The legal definition of a database comprises three essential elements:
the database must consist of independent items
the database must be searchable or systematically arranged so that the individual items can be traced
there must have been a substantial investment in the database (obtaining, presenting, and/or verifying the data)
Protection of the investment in time and money
Duration 15 Years
Example 1: USDA Nutrient database
Example 1: USDA Nutrient database(2)
Example 2: Scopus (bibliographic database)
Example 2: Scopus (2)
Database right: required permissions
The producer’s consent is required for the following actions:
retrieving (i.e. copying or downloading) substantial portions of the database
repeatedly and systematically retrieving non-substantial portions of the database
reusing (i.e. publishing) substantial portions of the database
Exceptions: government database; scientific use (not reuse)
Back to the two situations
A researcher wants to protect his own data
●Don’t publish
●Publish (about) the data and make data available on request
●Publish about the data, make data freely available and make a rights statement or licence (“terms of use”)
A researcher wants to use data from other people
●He can download and use the data
●He cannot publish the data(base) without permission
Privacy
Personal Data Protection Act
Living persons
The data should be anonymized if possible
The purpose for which the data is necessary must in any case be clearly specified
No more data may be collected than is necessary to achieve that purpose
You need consent of the individual
Why license research data?
Clarity
No license:
Is the data protected or not?
Do I need to ask permission for use and reuse?
Types of licenses
Source: Alex Ball, 2011. Presentation on Data licensing.
Licensing options
Most repositories or databases use a standard license or have a terms of use statement.
Bespoke licences
●e.g. DANS repository (Conditions of use)
Standard licenses
●Creative Commons (see UniProt)
●CC0 most used
●Open Data Commons
Data made available via DANS
https://easy.dans.knaw.nl/ui/datasets/id/easy-dataset:50991/tab/1
UniProt (http://www.uniprot.org/help/license)
DRYAD: research data repository
Ownership: Case
Who is the owner of the data?
What would you do in a situation like this?
Further reading
De Cock Buning, M., Ringnalda, A., van der Linden, T. (2009). The legal status of raw data: a guide for research practice. Utrecht: SURF Foundation. http://www.knowledge-xchange.info/Default.aspx?ID=461
Ball, A. (2012). ‘How to License Research Data’. DCC How-to Guides. Edinburgh: Digital Curation Centre. http://www.dcc.ac.uk/resources/how-guides/license-research-data
Questions?