Open Data ProtectionAndreas Wiebe, Nils Dietrich This study analyses legal barriers to data sharing in the context of the Open Research Data Pilot, which the European Commission is running within its research framework programme Horizon2020. In the first part of the study, data protection issues are analysed. The main focus is on the Data Protection Directive (95/46/EC) and its implementation in selected EU Member States. Additionally, the upcoming General Data Protection Regulation (2016/679/EU) and relevant changes are described. Special focus is placed on leading data protection principles. Next, the study describes the use of research data in the Open Research Data Pilot and how data protection principles influence such use. The experiences of the European Commission in running the Open Research Data Pilot so far, as well as basic examples of repository use forms, are considered. The second part of the study analyses the extent to which legislation on public sector information (PSI) influences access to and re-use of research data. The PSI Directive (2003/98/EC) and the impact of its revision in 2013 (2013/37/EU) are described. There is a special focus on the application of PSI legislation to public libraries, including university and research libraries, and its practical implications. In the final part of the study the results are critically evaluated and core recommendations are made to improve the legal situation in relation to research data. |
Common terms and phrases
According According to Art activity allowed anonymisation applicable appropriate archives areas Article 29 Authority BDSG bodies categories of personal Code collection Commission concerned consent considered contains context cultural data controller data processing Data Protection Directive data protection law data subject DDPA decision defined definition documents Dutch Authority edition ensure establishments European example exceptions exemption Explanatory Memorandum FDPA GDPR given historical identifiable implementation important individual institutions interest legislation libraries limited LOPD means measures Member mentioned natural necessary notes obligation obtained open access Open Research Data organisational particular personal data possible principle processing of personal processor PSI Directive public sector re-use reasons Recital refers regard Regulation relating relevant Research Data Pilot respect responsible rules safeguards scientific research scope sharing special categories specific statistical task term third parties transfer