Every research data involves the questions of rights, legal and ethical issues. Show that you are aware of the relevant legislation related to your data processing.
In your DMP, the focus should be on the ethical aspects of the data management whereas the ethical issues related to your research methods are covered in the research plan.
Collecting and processing special categories of personal data (or “sensitive data”) is possible for scientific or historical research purposes or statistical purposes (article 9, EU’s General Data Protection Regulation). Special categories of personal data include:
When sensitive data belonging to special categories are collected, consent must be explicit. Sensitive data also requires specific protection because there is a significant risk to the fundamental rights of the individual. In the data management, actions intended to minimise the risks of revealing sensitive information must be taken care of during the entire data lifecycle.
Data Service at Tampere higher education community helps you manage your research data. Our service comprehends library, IT-support, research and innovation services, document management and law department together with Tietoarkisto (FSD).
We offer service, tools and training for gathering, documenting, storing and sharing the data. Our service supports the implementation of FAIR in all phases of your research project. You can contact us at email@example.com
Agreements on the IPR rights and rights of use of the data should be made before you start collecting or producing the data. By doing so, you prevent possible conflicts at later stages and make sure that your data will be accessible and reusable.
Check the short video about Intellectual property rights and data by Maria Rehbinder from Aalto University.
Data that is factual has no copyright protection and it is not possible to copyright facts. In many cases, the data in a data management system as well as the metadata describing that data is factual, and hence not protected by copyright. However, project might, for example, use copyrighted photographs.
A database can also have legal protection (sui generis data base right, for example). A process of deciding what data needs to be included in the database, how to organize data, and how to relate different data elements are all creative decisions that may receive protection. So, intellectual property rights can govern the use of databases but also some data content.
Data can also be protected by trade secrets legislation (in Finnish)
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GDPR requires that the risks related to the processing of personal data be assessed before any such processing. Familiarise yourself with the data protection and risk management guidelines of Tampere higher education community and consider the following:
After completing the assessment, verify with the Data Protection Officer of the University whether your data requires an impact assessment in accordance with the GDPR. Data Protection Officer can be reached at firstname.lastname@example.org.
Please also find out whether the funder of your research, owner of the data or any other external party has any claims concerning the data.