This document discusses key issues related to privacy by design in open science. It outlines five main topics: attitude and trust, the researcher, maturity models as time machines, new roles and collaborations, and context and framing. Under each topic, the document provides further details on issues like soft vs hard law, the researcher's context and responsibilities, maturity models for legal research support, and new roles that can help ensure privacy by design. The overall aim is to help unlock science while addressing privacy through collaborative and contextual approaches.

1. Towards Privacy By Design
Key issues to unlock science.
Symposium: Designing and Shaping Open Science
Amsterdam, April 5 2016
Marlon Domingus

2. 1. Attitude and Trust
2. The Researcher
3. Maturity Models as Time Machines
4. New Roles and Collaborations
5. Context and Framing
Key issues

3. Attitude

4. Source: https://cybersponse.com/data-breaches-by-the-numbers
Trust

5. Responsible Research and Innovation
Good Citizenship
Corporate Social Responsibility
Soft Law:
Code of
Conduct,
Guidelines,
...
Hard Law:
Privacy Law,
Patent Law,
…
Hard Law:
Contracts,
Agreements,
...
The researcher in context

6. European Code of Conduct
National Code of Conduct
University Policy
- Research Integrity
- Open Access, RDM
Discipline Specific
Code of Conduct
The researcher in context: soft law

7. European Funding Requirements
National Funding Requirements
University Requirements
The researcher in context: requirements

8. University A, Country A
T1: researcher works at University A, co-operates with University B and C
University B, Country A
collaboration University C, Country B
collaboration
The researcher (& infrastructure) in context

9. University A, Country A
University B, Country A
University C, Country Bcollaboration
collaboration
T2: researcher works at University B, co-operates with University C, D and E
T3: …
collaboration
The researcher (& infrastructure) in context

10. Researcher Mobility
Responsible Research and Innovation
Good Citizenship
Corporate Social Responsibility
Legal and Moral Requirements
Research Cycle
Transparency, Guidelines, Services, Infra, …
The researcher in context

11. Source: https://www.monash.edu/__data/assets/pdf_file/0010/385309/sensitive-decision-tree.pdf
Example
11

12. 12

13. It took some time and effort,
but now we have Open Access and Open Science.
How did we get here?
2020 Hindsight

14. Legal Research Support Maturity Model
Level 1 Level 2 Level 3 Level 4 Level 5
Initial Development Defined Managed Optimised
Process is disorganised
& ad hoc
Process is under development Process is standardised,
communicated
Process is managed, measured Focus is on continuous
improvement
Institutional policies
& procedures
Policies & procedures may be
undeveloped, not up to date,
and/or inconsistent.
Policies & procedures are
developed & harmonised. Basic
understanding of the gaps in
the policies & guidelines.
Policies & procedures are
promulgated & absorbed into
behaviours.
Policies & procedures accepted as
part of the culture & subject to
audit.
Policies & procedures are
subject to review &
improvement.
Legal Research
Support
Legal support services are disorganised,
research contracts and agreements are
legally ad hoc supported, inconsistent and
poorly publicised.
Investment in legal expertise.
Legal services identified &
staffed. Responsibilities are
defined. Documentation &
awareness programs
developed.
Co-operation between legal
experts & widespread
availability of well documented
services. Common knowledge
available of all relevant legal
research support topics.
Widespread take up of legal
services at an early stage in the
research project. IPR and Privacy
are acknowledged as critical to
the institutional mission.
Researcher’s feedback,
research project’s lessons
learned as well as analysis of
awarded grant are used to
update & improve legal
research support services.
IT infrastructure IT infrastructure provision is patchy,
disorganised & poorly publicised &
not supporting the whole research cycle.
Funds are invested in
technology & skills.
Responsibilities are defined.
Processes are established,
defined & documented.
Awareness of the different IT
infra needs during the research
cycle.
Management shows active
support. Facilities are well
defined & communicated,
standardised & integrated. The
main aspects of the research
cycle are supported in the IT
infra. Key privacy aspects are
secured in the IT infra.
Infrastructure facilitates whole
research cycle as well as special
requests for Research IT infra.
Management actively engaged.
Documentation kept up to date.
Privacy By Design implemented.
Concerted efforts to maintain,
update & publicise
infrastructure. Metrics &
feedback used to optimise
services. Research IT staff
hired for tailored research
support.
Based on the ANDS RDM Framework: http://ands.org.au/guides/capability-maturity
14

15. example
Source: https://www.aicpa.org/InterestAreas/InformationTechnology/Resources/Privacy/GenerallyAcceptedPrivacyPrinciples/DownloadableDocuments/AICPA-
CICA-Privacy-Maturity-Model-ebook.pdf
15

16. Chief Information Security Officer
Data Protection Officer
Integrity Officer
Ethical Committee
…
New roles and collaborations

17. Context and Framing

18. Further Information
drs. Marlon Domingus
project manager
Research Data Management
Erasmus University Rotterdam
+31 10 4088006
domingus@ubib.eur.nl