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Finding the Law for Sharing Data in AcademiaELPUB Conference 2015
Esther Hoorn & Marlon DomingusSeptember 2
The challenge
How can universities provide good advice about the legal aspects of research data management? At the same time, how can universities prevent that perceived legal risks become barriers to:
• conducting research, • sharing research data, • valorisation of research data, • and control mechanisms for the purpose of scientific integrity?
A Dutch expert group developed a creative approach based on some core ideas about regulation in the field of academic research.
The framework: the Ecosystem View
Academia
IndustrySociety
data
Sharing data based on mutual trust
Academia
IndustrySociety
Data Data
Data
Trust
Legal Dimensions: Finding the Law
Academia
IndustrySociety
Hard Law:Privacy Law, Patent Law,
…
Hard Law:Contracts,Agreements,
...
Soft Law:Code of Conduct,
Guidelines,...
Responsible Research and Innovation
Good Citizenship Corporate Social Responsibility
Dimensions in data openness
The European Commission supports open data. Open data refers to the idea that certain data should be freely available for use and re-use. It is the engine for innovation, growth and transparent governance.
The Netherlands Organization for Scientific Research (NWO) holds that research results paid for by public funds should be freely accessible worldwide. In principle, it should be possible to share the research data with others as well. In this way, valuable knowledge can be utilised by researchers, businesses and civil society organisations.
From the point of view of Academia however, research data is made available to colleagues who want to replicate the study or elaborate on its findings. To be realistic: within many disciplines, sharing too much data too soon, could endanger an academic career.
The Approach: Legal Research Support
We propose not so much a staff / responsibilities matrix, but rather suggest that within a university the following basic steps should be taken by experts:
1. identify barriers and pitfalls, for instance in a research project plan,
2. acquire accurate knowledge of the rules and requirements regarding to research data,
3. take proper legal advice and applying this legal knowledge correctly and timely, for instance by writing tailored paragraphs in a Consortium Agreement.
Starting point: researcher and research process
Research planning Data collection Data processing Data analysis Publishing Archiving
Time
Metadata: data types, formats, provenance, …
Snapshots of the data and description of hereof with
relevant timeline
Database queries used, and when carried out, used
syntax / code / variables, …
Used documents: signed informed consent forms, original questionnaire, …
Lab journals,Code books: observations,
relevant context, used code, …
Documentation
Budget and resources
Contracts and Agreements on data use, storage,
curation and preservation
Project plan, study design or study protocol
Data Management Plan:Data access, use, storage, curation and preservation
Research Design Description:
methods, protocols, standards, privacy
Planning
data
The final version of the publication
Communication with the editor (also in case of
rejection), the reviews and your answers to the reviewers' questions
Versions of the publication: submitted / reviewed /
revised
Publishing
data
Published files
Research documentation files
Research planning files
Archiving
data
Starting Point: Planning Phase
Research planning Data collection Data processing Data analysis Publishing Archiving
Time
Budget and resources
Contracts and Agreements on data use, storage,
curation and preservation
Project plan, study design or study protocol
Data Management Plan:Data access, use, storage, curation and preservation
Research Design Description:
methods, protocols, standards, privacy
Planning Template texts
Discipline specific texts
For every aspect
hands on supportfor research staff
Wiki
• Topics (IPR, Privacy by Design, Data Ownership, Contracts, ...)
• The landscape of present rules and requirements regarding to research data
Legal LandscapeDutch Perspective
• Data is not a bicycle
Further Information
mr. Esther Hoorn legal advisorLegal AffairsUniversity of Groningen
+31 50 363 [email protected]
drs. Marlon Domingusproject managerResearch Support OfficeErasmus University Rotterdam
+31 10 [email protected]
Legal LandscapeDutch Perspective
• Data is not a bicycle
