www.egi.eu EGI-Engage is co-funded by the Horizon 2020 Framework Programme

of the European Union under grant number 654142

Preliminary findings of the EGI-Engage deliverable

“Data sharing policies and legal framework in fishery and

marine sciences”

Eise van Maanen, Anton Ellenbroek

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Content

1) EGI-Engage2) Objectives of this deliverable3) Legal interoperability4) Legal interoperability instruments5) Preliminary results interview analysis

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EGI-Engage

EGI-Engage aims to accelerate the implementation of the Open Science

Commons by expanding the capabilities of a European backbone of federated services for compute, storage, data, communication, knowledge and expertise, complementing

community-specific capabilities

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Interoperability conditional for data sharing

The ability of the research community to share, access, and reuse data, as well as to

integrate data from diverse sources for research and education purposes, requires effective technical, semantic, and legal

interoperability rules and practices.

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This deliverable

This deliverable seeks to1) Explore legal barriers in sharing fishery and marine

sciences datasets;2) Deliver a framework of legally relevant instructions for

data sharing to data providers and consumers;3) Validate a use case;4) Devise a context where infrastructure support to

processing a mix of public and non-public datasets results in improved data availability;

5) Advice on how the legal interoperability is best supported through infrastructure security.

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But what is legal interoperability?!

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Legal interoperability

The compatibility of legal rights, terms,

and conditions of databases from two or more sources so that the data may be

combined and integrated by any user,

without further permission and without

compromising the legal rights of any of the

data sources used.

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Legal interoperability occurs when

1) use conditions are clearly and readily determinable for each of the datasets,

2) the legal use conditions imposed on each dataset allow creation and use of combined or derivative products, and

3) users may legally access and use each dataset without seeking authorization from data rights holders on a case-by-case basis, assuming that the accumulated conditions of use for each and all of the datasets are met.

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Legitimate interests to withhold data

1) Intellectual property rights1) Copyright2) Database protection right(sui generis)

2) National security laws3) Confidentiality of laws and policies4) Protection of endangered species5) Individual contracts or agreements

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Legal interoperability instruments

International1) Standardization2) Harmonization3) Mutual recognitionNational4) Waivers5) Common-use licenses6) Terms of use7) Exception and limitations under copyright law

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Preliminary results interview analysis

1) Lack of understanding2) Lack of resources 3) Many do not realize licensing is useless without

copyright4) Being first to publish is major reason to withhold data5) Citation should be standardized through European

citation guide6) Need for clear rules through top-down decision7) Public institutions that funded data collection should keep

copyright8) Data sharing is all about trust, more attention for

normative standards9) There should be a standard for metadata10) Political aspect are a barrier for data sharing11) Implement more advanced licensing schemes.

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This work by Parties of the EGI-Engage Consortium is licensed under a Creative Commons Attribution 4.0 International License.

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Data sharing in fishery & marine sciences

Subject to many challenges:1) Current legal frameworks developed in

other technical environment2) IPR tends to hamper investment and

innovation3) Size of datasets (traceability,

transparency, access)4) Legal interoperability