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OPENING UP THE RIGHTS TO ACCESS AND RE-USE PUBLICLY FUNDED RESEARCH DATA AND INFORMATION FOR THE NEXT GENERATION OF RESEARCHERS HASWIRA NOR MOHAMAD HASHIM.

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Presentation on theme: "OPENING UP THE RIGHTS TO ACCESS AND RE-USE PUBLICLY FUNDED RESEARCH DATA AND INFORMATION FOR THE NEXT GENERATION OF RESEARCHERS HASWIRA NOR MOHAMAD HASHIM."— Presentation transcript:

1 OPENING UP THE RIGHTS TO ACCESS AND RE-USE PUBLICLY FUNDED RESEARCH DATA AND INFORMATION FOR THE NEXT GENERATION OF RESEARCHERS HASWIRA NOR MOHAMAD HASHIM PhD CANDIDATE LAW AND JUSTICE RESEARCH CENTRE QUEENSLAND UNIVERSITY OF TECHNOLOGY GARDENS POINT CAMPUS BISO-BRDI-CFRS INTERNATIONAL SYMPOSIUM 2011 On the Case for International Sharing of Scientific Data: A Focus on Developing Countries

2 PRESENTATION OUTLINE PART CONTENT SLIDE NO. 1.WHO ARE THE NEXT GENERATION OF RESEARCHERS? WHY SHOULD THE NEXT GENERATION OF RESEARCHERS BE GIVEN THE RIGHTS TO ACCESS AND RE-USE PUBLICLY FUNDED RESEARCH DATA AND INFORMATION? WHAT ARE THEIR RIGHTS AND RESPONSIBILITIES AS PROVIDERS AND USERS OF PUBLICLY FUNDED RESEARCH DATA AND INFORMATION? HOW SHOULD THESE RIGHTS AND RESPONSIBILITIES BE ADOPTED IN DATA ACCESS AND RE-USE POLICY? 10 – 12 5.CONCLUSION13 2

3 1. WHO ARE THE NEXT GENERATION OF RESEARCHERS? THEY NEED TO BE DISTINGUISHED FROM CURRENT GENERATION OF RESEARCHERS IN THIS REGARD, THE CURRENT GENERATION OF RESEARCHERS: - are not identified by their age or seniority - but by the research methods and the methods of dissemination of their research data and information ALTHOUGH THEY ARE KNOWN AS “THE NEXT GENERATION OF RESEARCHERS”, IT IS ANTICIPATED THAT: the next generation of researchers: - will continue to utilize the ICT - will employ e-Science & e- Research at greater scales - will also disseminate their via open access journals and repositories. 3 The current generation of researchers is the generation which: - takes advantage of the ICT. - employs e-science and e-research - disseminates research via open access journals & repositories besides publication/conference.

4 4 1. WHO ARE THE NEXT GENERATION OF RESEARCHERS? DESPITE THE SIMILARITIES BETWEEN THE CURRENT AND THE NEXT GENERATION OF RESEARCHERS THE CURRENT GENERATION OF RESEARCHERS ARE DEPRIVED GENERATION IN TERM OF THE RIGHTS TO ACCESS AND RE-USE PUBLICLY FUNDED RESEARCH DATA AND INFORMATION Therefore, it is important to ensure that the next generation of researchers will not suffer the same disadvantages as their predecessors. The Current Generation of Researchers, especially in developing countries: -are the direct victims of serial crisis - are mostly not vested with the rights to access & re-use publicly funded research data and information -witnessed rapid expansion of IPRs which cover database, software, new plants variety, cells & tissues - found that data withholding, secrecy and denial of data access have become a norms especially when patent right is applied

5 5 2. WHY SHOULD THE NEXT GENERATION OF RESEARCHERS BE GIVEN THE RIGHTS TO ACCESS AND RE-USE PUBLICLY FUNDED RESEARCH DATA AND INFORMATION? THE GENERAL PROPOSITION THAT PUBLICLY FUNDED RESEARCH DATA AND INFORMATION SHOULD BE MADE PUBLICLY AVAILABLE THE REAL BENEFITS OF DATA ACCESS AND SHARING WHICH INCREASE THE DESIRABILITY FOR OPEN ACCESS TO RESEARCH DATA AND INFORMATION: - Encourages data verification and refinement - Avoid duplication of research - Could counter data withholding and secrecy - Overcome triple payment syndrome - Promote optimum use of publicly funded research data and information This proposition is supported by various theories: -Innovation theory -Evolutionary Economic Theory -New Growth Theory - Public Good Theory -Social Justice Theory -Human Rights Theory

6 6 2. WHY SHOULD THE NEXT GENERATION OF RESEARCHERS BE GIVEN THE RIGHTS TO ACCESS AND RE-USE PUBLICLY FUNDED RESEARCH DATA AND INFORMATION? THE EMERGENCE OF DATA INTENSIVE SCIENCE (THE FOURTH PARADIGM) TO SOLVE TRANSBANDOURY PROBLEMS TO FACILITATE THEIR PARTICIPATIONS IN INTERNATIONAL, INTER-DISCIPLINARY & MULTI-DISCIPLINARY RESEARCH -It is predicted that the global crisis which the next generation of researchers will inherit such as infectious diseases & climate change will be more acute. -To solve the problems, they need latest scientific data in their field to be openly shared. -- Open access to data and information is highly anticipated as research is becoming data driven at a scale previously never imagined - Scientific research can no longer be managed within the old silo research model, it needs fellow collaborators -Collaborative e-Science & e-Research is not only about access to secondary resources such as journal articles but also primary resources such as databanks and software code. -Collaborative research requires the ability to search, access, mine, move & manipulate research data and information as fast and as wide as possible

7 7 3.WHAT ARE THEIR RIGHTS AS PROVIDERS OF PUBLICLY FUNDED RESEARCH DATA AND INFORMATION? THE EXCLUSIVE RIGHTS OF DATA PROVIDERS THE MORAL RIGHTS OF DATA PROVIDERS -Almost all types of research data and information are protected under Intellectual property law -The data and information providers could still retain certain level of control over their research data and information -they can dictate the users what type of use is allowed -Entitled to prohibit commercial, non-academic or non-private users - The rights against false attribution and plagiarisms -Protect from derogatory treatments against their research data -Empower the researchers to prohibit distortion, mutilation or modification of their research data which significantly alters the works and adversely affecting their honours and reputation THE LICENSING RIGHTS OF DATA PROVIDERS - The law requires a written consent from them before anyone can access or re-use their research data and information. -As the owner, data and information provider has a wide range of licensing conditions to choose from the widest to the narrowest possible license

8 8 3.WHAT ARE THEIR RESPONSIBILITIES AS PROVIDERS OF PUBLICLY FUNDED RESEARCH DATA AND INFORMATION? DATA PROVIDER HAS TO ENSURE THAT HE/SHE IS THE RIGHTFUL OWNER DATA PROVIDER IS RESPONSIBLE NOT TO DISCLOSE RESEARH DATA AND INFORMATION : DATA PROVIDER IS RESPONSIBLE TO ENSURE DATA QUALITY AND ACCURACY -Only the owners can provide or allow others to provide their research data and information. -If the researcher who wants to provide the data is not the owner, he/he needs to obtain a permission from the owner. -to honour his/her promise for confidentiality of research data and information. -to protect the informational privacy of research participants. -to protect the national Interests and security which could jeopardise the patent application for research outputs - Data quality refers to accuracy, completeness and fitness for purpose of a data set -Data accuracy refers to the closeness of results of observations -The users may not know the data is inaccurate, incomplete, or unfit.

9 9 3.WHAT ARE THEIR RIGHTS AND RESPONSIBILITIES AS USERS OF PUBLICLY FUNDED RESEARCH DATA AND INFORMATION? THE RESEARCHERS’ RIGHTS TO ACCESS & RE- USE PUBLICLY FUNDED RESEARCH DATA AND INFORMATION IN MOST DATA ACCESS & SHARING REGIME (OPEN PUBLICATION/OPEN DATA/OPEN SOURCE): - THE DATA AND INFORMATION USERS HAVE THE RESPONSIBILITY : -Currently the only rights available to them are under fair dealing/fair use exceptions. -These exceptions are very narrow as they only allow access and re-use for academic, non-profit research and private uses only. -Non-academic, non-private and commercial uses are not allowed. -not to use the research data and information beyond the rights given by the data providers -to ask the provider or confine themselves to fair use/fair dealing exceptions if they are not clear about their rights to use -to respect the moral rights of the data providers - the rights to access and re-use are given not only to the first user, but it remains freely accessible and useable by the downstream users. - the first user is allowed to further distribute the research data and information to the next users

10 10 4. HOW SHOULD THESE RIGHTS AND RESPONSIBILITIES BE ADOPTED IN DATA ACCESS AND RE-USE POLICY? THE EXCLUSIVE RIGHTS OF DATA AND INFORMATION PROVIDERS THE MORAL RIGHTS OF DATA AND INFORMATION PROVIDERS THE RIGHT TO LICENSE ACCESS TO AND RE-USE OF PUBLICLY FUNDED RESEARCH DATA AND INFORMATION -The data access and re-use policy -should: -give the rights to access and re-use beyond fair use exceptions - ensure the restrictions over the rights to access and re-use are kept to the minimum -require the data and information providers to clearly state any restriction to the rights to access and re-use -The data access and re-use policy should: - make it clear what sort of acts are considered as violating the moral rights of the data and information providers. -put in place technical, administrative & penalty measures to protect against unauthorised alteration or modification. -The data access and re-use policy should: - encourage the data providers to adopt the simplest form of licensing scheme. -recommend a standard licensing regime -require the data providers to give permission in advance e.g. by way of CC license, Science Common, GNU GPL, etc.

11 11 4. HOW SHOULD THESE RIGHTS AND RESPONSIBILITIES BE ADOPTED IN DATA ACCESS AND RE-USE POLICY? THE RESPONSIBILITY TO DETERMINE THE RIGHTFUL OWNER OF PUBLICLY FUNDED RESEARCH DATA AND INFORMATION THE RESPONSIBILITY TO HONOUR THE PROMISE FOR CONFIDENTIALITY OF RESEARCH DATA AND INFORMATION THE RESPONSIBILITY TO PROTECT THE INFORMATIONAL PRIVACY OF RESEARCH PARTCIPANTS - The data access and re-use policy should: - reconcile between opening the rights to access and re-use with the protection of informational privacy - require research data and information which is subject to informational privacy to be coded. - require the data providers to remove data identifiers prior to release of data for access and re- use. -Where there is ambiguity, the data access and re-use policy should provide a clear guidelines on ownership of publicly funded research data and information -the ownership guidelines in data access and re-use policy must not conflict IP or research policies. -The data access and re-use policy should: - assist data providers to honour their promise by allowing variety of modes for data access. -should allow unrestricted access if the confidential data are appropriately altered for public-use

12 12 4. HOW SHOULD THESE RIGHTS AND RESPONSIBILITIES BE ADOPTED IN DATA ACCESS AND RE-USE POLICY? THE RESPONSIBILITY TO PROTECT NATIONAL INTERESTS AND SECURITY THE RESPONSIBILITY NOT TO JEOPARDISE PATENT APPLICATION THE RESPONSIBILITY TO ENSURE DATA QUALITY AND ACCURACY -The data access and re-use policy: -must ensure that research data which disclosure is prejudicial to the national interests and security to be exempted from data access and re-use -Where there is a statutory duty to protect classified data and information the policy should demand full adherence -The data access and re-use policy should: - allow the researchers to restrict access to research data and information until patent has been filed or a decision not to patent has been made. -determine the maximum period of delay allowed & what kind of information should be restricted -The data access and re-use policy must: -apply certain standard to ensure data integrity -requires the researcher to supply complete information of the data (metadata) -where non-reviewed /non-verified data is archived a caveat and disclaimer must be placed by data provider

13 13 5. CONCLUSION DESPITE FOCUSING ON THE NEXT GENERATION OF RESEARCHERS: - AS IT HAS BEEN PREDICTED THAT DATA ACCESS AND RE-USE WILL BE PRACTICED AT A FAR LARGER SCALE IN THE FUTURE: BY ADOPTING THESE RIGHTS AND RESPONSIBILTIES IN DATA ACCESS AND RE-USE POLICY: - The next generation of researchers regardless whether they are from developed or developing countries will enjoy a better rights to access and re-use publicly funded research data and information. -these rights and responsibilities are applicable to the current generation of researchers too. - these rights and responsibilities will be largely applicable to the next generation of researchers.

14 ACKNOWLEDGMENT THE PRESENTER WOULD LIKE TO THANK MARA UNIVERSITY OF TECHNOLOGY (MALAYSIA) FOR GENEROUSLY SPONSORING HIS PhD STUDY. SPECIAL THANKS TO PROFESSORS ANNE FITZGERALD AND BRIAN FITZGERALD FROM THE LAW FACULTY, QUEENSLAND UNIVERSITY OF TECHNOLOGY FOR THEIR SUPERVISION AND SUPPORT GIVEN TO HIM.


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