Transcript Module 5 Lecture Slides to Accompany Online Curriculum

Slides Template for Module 5
Legal and Ethical Considerations
for Research Data
CC BY-NC
Learning Objectives
1. Explain ownership considerations related to data
sharing
2. Explain and evaluate potential legal issues
connected to your data
3. Explain ethical and legal considerations related to
data sharing and retention
5. Recognize the importance of privacy with some
forms of research data
6. Understand the importance of removing key
personal identifiersModule
to 5:facilitate
confidentiality
Legal & Ethical Considerations
Who Owns Data?
It depends…
• Who is funding your research?
• What is your institution’s data ownership policy?
• Are you working under a grant or contract?
• Are you the PI or student working under a PI in a
lab?
Module 5: Legal & Ethical Considerations
Example Institutional Data Policy
Module 5: Legal & Ethical Considerations
Legal Concerns Related to Data
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Intellectual property rights
Copyright
Patents
Trade secrets
Licensing
• Creative Commons
• Monetary charges for data usage
• Open source versus proprietary software
• Data retention
Module 5: Legal & Ethical Considerations
Licensing Data
• Derived data or compiled databases can be licensed
• Creative Commons licenses provide data creators options in which they can
choose provisions for their data while enabling dissemination and reuse
• CC0 (Creative Commons Zero) license is often recommended for scientific
data
• If you want to use someone else’s data—you need to know if it’s licensed, and
what the terms of the license are
Module 5: Legal & Ethical Considerations
Creative Commons Licensing
Module 5: Legal & Ethical Considerations
Creative Commons Public Domain
Module 5: Legal & Ethical Considerations
Legal Considerations
• Check with your institution’s intellectual property
office regarding the ownership of research data.
• Many policies impact retention of data and related
documentation for audits and investigations (IRB,
institution, funder, state and federal laws).
• “Copyright does not protect facts, ideas, systems,
or methods of operation, although it may protect
the way these things are expressed” (U.S.
Copyright Office, 2012).
Module 5: Legal & Ethical Considerations
Ethical Considerations for Sharing
• Has your IRB approved this (or given you
a waiver)?
• Has the appropriate consent from subject
been obtained?
• Has the data set had all personal
identifiers removed?
• Are you using someone else’s data?
• Have you obtained appropriate permissions?
• Are you responsibly using and citing others’ data?
Module 5: Legal & Ethical Considerations
Works Cited
New York University, Data Management Policy
http://www.nyu.edu/its/policies/datamgmt.html
Dryad, How do I Cite the Data in my Manuscript?
http://www.datadryad.org/pages/faq#using
Creative Commons, Licenses
http://creativecommons.org/licenses/
Investigator Requirements for Retaining Research Data
http://irb.ufl.edu/irb01/data.html
Module 5: Legal & Ethical Considerations