Levine - Data Curation; Ethics and Legal Considerations

Data Curation – Cultivating Past Research Data for Future ConsumptionNISO Virtual ConferenceAugust 31, 2016

Ethics and Legal Considerations

Melissa LevineLead Copyright OfficerUniversity of Michigan Library

The Availability – Usability Gap<a href="http://www.photoeverywhere.co.uk" rel="nofollow">Travel Photography from PhotoEverywhere</a>This work is licensed under a Creative Commons Attribution 2.5 License

Where we are.

ContextOpen access funding mandates

Government – NIH 2008, NSF 2010, OSTP 2013Foundations - Wellcome Trust, Australian Research Council, World Bank, Gates Foundation

Simple things complex: making sure authors have the rights they need to depositCan only grant what you have to giveGrant terms, contracts, employment / contractor roles

Now: proactive planning in required data plans

IssuesTechnology outpaces law.Different countries differ: law, culture in transnational activity

of data.Different disciplines differ: science, humanities, evolutions –

departmentsMoved beyond hiding data in short time.

mandates change culture, expectations, impulse to squeeze last bit of publication before sharing; sharing expected and incentivized (anecdotal, varies withdisciplines and funding mandates…)

Now.

Assuming preference or mandate for open is new.

Thinking proactively about the legal, policy, ethics implications to keep data as unencumbered as possible

OR appropriately secure (eg ICPSR model)

What we’re doing.

Resources – works in progress

Collaborative, evolving, global

DataONE – Primer on Data Management: What you always wanted to knowhttps://www.dataone.org/sites/all/documents/DataONE_BP_Primer_020212.pdf

Databib

Research Data Alliance RDA

RDA/CODATA Legal Interoperability IGhttps://rd-alliance.org/group/rdacodata-legal-interoperability-ig/wiki/legal-principles-data.html

Principles and Implementation Guidelines, 22 August 2016

https://rd-alliance.org/group/rdacodata-legal-interoperability-ig/wiki/draft-implementation-principles.html

ArticleMichael W. Carroll, Sharing Data and Intellectual Property Law: A Primer, August 27, 2015,

PLOS | Biology, http://dx.doi.org/10.1371/journal.pbio.1002235

Making research better by enabling peopleto find, share, use, and cite data

Using DOIs

1. Take a dataset 2. Describe it

Title

Authors

Year

Description

And others…

3. Assign a DOI

10.1234/exampledata

4. Reuse and reference!

Unique Persistent

5. Enjoy the benefits

Findability

Reusability

Track citations

Measure impact

Source: https://www.datacite.org/outreach.html

What are data?

NumbersMeasurementsImagesFilm clipsSound recordingsMusic clips

What are data?


Data about these things: metadata

What are data?


Are these units subject to some legal or ethical concern?

Data aboutthese units. Metadata asdata.

Rights and responsibilities

Possible actions:SharingCopyingSecuringReuseCite



Legal areas:CopyrightPrivacyEmploymentContract



Legal areas:CopyrightPrivacyEmploymentContractHowcomplicated can this be?

Issue spotting: N/ of Data ‘Units’

If: numbers, facts, measurements Then: no copyright in the data ‘units’But: are data from

‘protected’ source or one for which access was provided with conditions? What were the conditions? Need to conform to those or attempt to negotiate.

If: the data is comprised of components of creative expression (examples, photos, artwork, copyrightable elements)

Then: copyright may exist in individual units of data and further exploration will be required to determine whether the data are eligible copyright - and if so they may not be appropriate for DBD. Caveat: it may be possible to obtain permissions for the data units if desired, if resources allow

Issue spotting: N/ of Data as CompilationAre you an employee?If yes: work product may be “work for hire” and subject to institutional policy or

employment law. Affects whether and how researcher retains copyright in his/her scholarly works. What they have to grant.

If no: needs further inquiry. If the creator of the data set is not an employee (e.g. visiting scholars may or may not be employees for this purpose; grad students are not employees...), a license or similar documentation will need to be prepared/signed/retained for deposit in data repository.

What is your affiliation with the university or research institution sponsoring or hosting the research?

Might there be any ownership that could be asserted by people who worked on your

Issue spotting: N/ of Data as CompilationAny need for notifications to and/or releases from grad students, contractors? Were they

employees? Is there a policy or assumption on work of grad students? Should there be something in writing at the start of work with students?

Are there any contracts or agreements associated with your research? If yes, what are they? Is your work grant-funded? What were the conditions of the grant in terms of ownership,

use, and reuse of data?If there are conditions, are they negotiable?Is your grant-funded work subject to an open access data and/or publishing requirement?

[know in advance which agencies have such policies and the basic conditions]If yes, which one? (Terrific!)Does deposit in a particular data repository satisfy that requirement?

Issue spotting: N/ of Metadata

CC0 applied to all metadata in data repository as condition of deposit?

Who produced the metadata? Keep in mind variations of what we mean by metadata: non-creative, factual, descriptive information about the data. [not field notes, for example...]

Issue spotting: PrivacyIs the research product subject to an IRB? What are the parameters?Is there any information that could be connected back to an individual?Is it personal information (medical, legal/criminal record)?Is the person a minor?If yes to any of the above, an open repository is probably not appropriate.

In any of the above cases, was there formal consent? If yes, explore further to see if the consent is sufficient to use an open

repository.

HIPPA, FERPA, national security laws related to data sharing

Issue spotting: Minors

Is there information about children?Was it collected with guardian/parental

consent?Is the child identifiable?If yes: open repository is probably not the

right repository.



Remember these?

Data access and intellectual propertyA few more possible access and ownership concerns:

What steps will be taken to protect privacy, security, confidentiality, intellectual property or other rights?

Does your data have any access concerns? Describe the process someone would take to access your data.

Who controls it (e.g., PI, student, lab, University, funder) ?

Any special privacy or security requirements (e.g., personal data, high-security data) ?

Any embargo periods to uphold?

https://deepblue.lib.umich.edu/data

Examples of other data servicesSocial Science Data Services: Harvard-

MIT Data CenterUniversity of Wisconsin-MadisonUniversity of Virginia

Where we are going.

Data Curation – Cultivating Past Research Data for Future ConsumptionNISO Virtual ConferenceAugust 31, 2016

Ethics and Legal Considerations

Melissa LevineLead Copyright OfficerUniversity of Michigan [email protected]

Thank you.

Levine - Data Curation; Ethics and Legal Considerations

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