Open Data Protection

Author: Wiebe Andreas, Dietrich Nils
Publisher: Universitätsverlag Göttingen

ABOUT BOOK

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.

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