This document summarizes a workshop on data sharing and the legal and ethical issues involved. It covers copyright and database rights as they relate to data, obtaining proper consent from participants, and ensuring ethics approval. Open licensing options and considerations for reusing data from repositories are also discussed. Resources from the Open University Library and other organizations are provided to help with data management planning, consent forms, preparing data for sharing, and addressing any questions.

1. Dan Crane
Research Support Librarian
library-research-support@open.ac.uk
Data Sharing: legal and
ethical issues
28th February 2018

2. Overview of the workshop
• Rights and data sharing
• Ethics and data sharing
• Re-using data
• Questions/further information

3. Rights related to data sharing
Copyright
See: https://www.cla.co.uk/what-is-copyright
• one of the main types of intellectual property (someone’s
ownership over the things they create). It allows the
copyright owner to protect against others copying or
reproducing their work.
• it arises automatically when a work that qualifies for
protection is created. The work must be original, meaning
it needs to originate with the author, who will have used
some judgement or skill in its creation.

4. Rights related to data sharing
Copyright
Copyright applies to:
• Original literary, dramatic, musical and artistic
works
• Sound recordings, films, broadcasts
• The typographical arrangement of publications
• NOT facts
Note: data collected via recorded/transcribed
interviews – researcher holds copyright of recordings
and transcripts, but each speaker is author of his/her
own words.
See: https://www.ukdataservice.ac.uk/manage-data/rights

5. Rights related to data sharing
Database rights
Database rights apply
when there has been
substantial intellectual
investment in obtaining,
verifying or presenting
content in an original
manner

6. Rights related to data sharing
Open licences
How do you want your data to be re-used?
Other options should
be considered for
databases and
software.

7. Rights related to data sharing
Freedom of Information
Be prepared...

8. Rights related to data sharing
Freedom of Information
• Research data can be the subject of FoI requests
• Must be provided unless an exemption or exception
allows your institution not to disclose it
• Could be addressed to anyone in the organisation
• Only 20 working days to respond
Exemptions:
• Accessible by other means
• Contains personal data
• Subject to a duty of confidentiality
• Release would prejudice legitimate commercial interests
• Intended for future publication (but must be the data, not
a paper based on the data)

9. Ensure you have obtained valid consent and provided
information re.:
• The research and nature of participation
• How confidentiality will be maintained
• Options for varied consent conditions for participation,
publication and data sharing
• How research data will be stored and preserved in the
long-term
• How data may be used for future research or teaching
and any restrictions on that use
Ethics and data sharing
Obtaining consent
For more information see the UK Data Archive & OU HREC:
https://www.ukdataservice.ac.uk/manage-data/legal-ethical/consent-data-sharing
https://www.ukdataservice.ac.uk/manage-data/legal-ethical/anonymisation
http://www.open.ac.uk/research/ethics/human-research/faqs

10. Ethics and data sharing
Obtaining consent
At a minimum, consent forms
should not preclude data
sharing, such as by promising
to destroy data unnecessarily.
For more information see the UK Data Archive:
https://www.ukdataservice.ac.uk/manage-data/legal-ethical/consent-data-sharing

11. Re-using data
Where to look...
• Disciplinary
data archives
• Re3data
• Datacite
• British Library
• Data access
statements

12. Re-using data
Consider...
• Discovery
• Access
• Cost
• Citation
• Licensing

13. Library Services
How we can help
• Open Research Data Online (ORDO)
• Help with Data Management Plans and consent forms
• Advice on preparation of data for sharing
• Online guidance
• Enquiries
Email: library-research-
support@open.ac.uk

14. Useful links
• The OU Library Research Support website: http://www.open.ac.uk/library-
research-support/research-data-management
• Open Research Data Online (ORDO): https://ou.figshare.com
• Digital Curation Centre: http://www.dcc.ac.uk/
• DMP Online: https://dmponline.dcc.ac.uk/
• UK Data Archive: http://www.data-archive.ac.uk/
• MANTRA: http://datalib.edina.ac.uk/mantra/
• Software Sustainability Institute
https://www.software.ac.uk/resources/guides/adopting-open-source-licence
• The Orb: http://open.ac.uk/blogs/the_orb
• OU HREC: http://www.open.ac.uk/research/ethics/human-research

15. Questions?

16. 1. Write a DMP early to consider all of these
issues
2. Ask for help if you need it
3. Know your rights – and make conditions for
re-use clear
3 take home points...

17. Image credits
Unless otherwise stated, all images are by
Jørgen Stamp at http://www.digitalbevaring.dk