Open Data Protection
Dietrich, Nils,, Wiebe, Andreas, · 2017
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.After a brief overview of the international basis for data protection, the European legal framework is described in detail.The main focus is thus on the Data Protection Directive (95/46/EC), which has been in force since 1995.Not only is the Data Protection Directive itself described, but also 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 Public Sector Information 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.OpenAIRE aims to establish an integrated research information space that links research results, including publications and research data.As an open and participatory infrastructure it encourages authors and contributors to share their publications and research data with other users.The European Commission supports open access.Within its 7th Framework programme (FP7) it has been running the open access Pilot.The Commission defines open access as the practice of providing online access to scientific information that is free of charge to the end-user 1 .The Commission expects that in today's "information economy", where knowledge is a source of competitive advantage, open access can potentially realise a variety of benefits.Hence all projects receiving Horizon 2020 funding are required to make sure that any peerreviewed journal article they publish is openly accessible free of charge (Art.29.2 Model Grant Agreement).A novelty in Horizon 2020 is the Open Research Data Pilot, which aims to improve and maximise access to, and re-use of, research data generated by projects.Originally covering only a few programme areas, the Open Research Data Pilot has recently been extended to cover all new Horizon 2020 projects from the beginning of 2017 onwards 2 .Projects taking part in the Open Research Data Pilot are obliged to deposit the research data that support findings in peer-reviewed publications, as well as other data they define, preferably in a research data repository (online research data archive) and take measures to enable third parties to access, mine, exploit, reproduce and disseminate (free of charge for any user) these research data 3 .OpenAIRE provides researcher support and services for the Open Research Data Pilot and investigates its legal ramifications.Within this study, legal barriers to data sharing in the context of the Open Research Data Pilot are analysed.The study focuses on two legal issues which are of relevance for the implementation of the Pilot, namely data protection law and public sector information (PSI).For the first issue, European data protection legislation is analysed in detail.The main focus is on the