Data Ownership

Research teams that acquire original data must also consider data ownership downstream, through the terms they will use to release that data to other researchers or to the general public. The team should consider whether they can publish the data in full after removing personal identifiers. For example, the team must consider whether it would be acceptable for their data to be copied and stored on servers anywhere in the world, whether they would prefer to manage permissions on a case-by-case basis, and whether they expect that data users would cite or credit them. Similarly, the team can require users in turn to release their derivative datasets or publications under similar licenses, or offer use without restriction. There are simple license templates for offering many of these permissions, but, at the planning stage, the team should make sure that all licensing agreements, data collection contracts, and informed consent processes used to acquire the data specifically detail those future uses.

Read First

• Before acquiring any data, it is critical to establish data ownership.
• Data ownership can sometimes be challenging to establish, as regulations regarding data and information might vary across research teams, and the various organizations and governments they interact with.
• The best approach is always to consult with a local partner, and enter into specific legal agreements (like Data Licensing Agreement) establishing ownership, access, and publication rights.
• It is especially critical to think about data ownership when confidential data is involved or in the case of personally identifiable information (PII).

Overview

In some cases, data is implicitly owned by the people who it is about. In others, it is owned by the people who collected it. In still more, it is highly unclear and there are varying norms. The best approach is always to consult with a local partner, and enter into specific legal agreements establishing ownership, access, and publication rights. This is particularly critical where confidential data is involved – that is, when people are disclosing information to you that you could not obtain simply by observation or through public records.

Data Licensing Agreement

Data licensing agreement (DLA)