1. Data: legal issues 27 May 2014 Marianne Renkema

2. Issues  Research data retention  Data protection  Privacy  Ownership

3. 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

4. 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  …

5. By the university The Wageningen Code of Conduct for Scientific Practice 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.

6. By intergovernmental bodies 2007: OECD Principles and Guidelines for Access to Research Data from Public Funding: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.”

7. Dutch central government Deposit the data in DANS within three months after publication of the end report

8. 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

9. By disciplines and learned societies  American Psychological Association  Medicine  Bio-informatics

10. By Journals Survey on data policies of journals (JoRD project)JoRD project Results of Journal Survey Total no. of Journals surveyed371 Total no. of Journals with data sharing policies162 Total no. of Journals that make sharing a requirement of publication 31 Total no. of Journals that enforce the policies27 Total no. of Journals that state consequences for non compliance 7

11. 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% responded 44% 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% responded 10% sent data

12. 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)

13. Reluctance to share Authors are not confident about the data or interpretation Researchers are more concerned with losing advantage than advancing science

14. Data Protection Two situations:  A researcher wants to protect his own data  A researcher wants to use data from other people

15. Legal situations  No legal protection  Protection by copyright  Protection by database right

16. 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

17. Protection by copyright  The form in which data are presented  The selection or structure

18. 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

19. 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

20. Copyright owner Initially:  Creator  Employer of the creator (art 7 Aw)  Copyright can be given away, sold, inherited, waived, claimed by funding agent,...

21. 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?

22. 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

23. Example 1: USDA Nutrient database

24. Example 1: USDA Nutrient database(2)

25. Example 2: Scopus (bibliographic database)

26. Example 2: Scopus (2)

27. 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)

28. 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

29. 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

30. Why license research data? Clarity No license:  Is the data protected or not?  Do I need to ask permission for use and reuse?

31. Types of licenses Source: Alex Ball, 2011. Presentation on Data licensing.

32. 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)Conditions of use  Standard licenses ● Creative Commons (see UniProt)UniProt ● CC0 most used ● Open Data Commons

33. Data made available via DANS https://easy.dans.knaw.nl/ui/datasets/id/easy-dataset:50991/tab/1

34. UniProt (http://www.uniprot.org/help/license)

35. DRYAD: research data repository

36. Ownership: Case  Who is the owner of the data?  What would you do in a situation like this?

37. 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

38. Questions?