QUT ePrints

Understanding the legal implications of data sharing, access and reuse in the Australian research landscape

Fitzgerald, Anne M., Pappalardo, Kylie M., & Austin, Anthony C. (2008) Understanding the legal implications of data sharing, access and reuse in the Australian research landscape. In Fitzgerald, Brian F. (Ed.) Legal Framework for E-Research : Realising the Potential. Sydney University Press, Sydney, pp. 161-188.

Abstract

Researchers are increasingly involved in data-intensive research projects that cut across geographic and disciplinary borders. Quality research now often involves virtual communities of researchers participating in large-scale web-based collaborations, opening their earlystage research to the research community in order to encourage broader participation and accelerate discoveries. The result of such large-scale collaborations has been the production of ever-increasing amounts of data. In short, we are in the midst of a data deluge.

Accompanying these developments has been a growing recognition that if the benefits of enhanced access to research are to be realised, it will be necessary to develop the systems and services that enable data to be managed and secured. It has also become apparent that to achieve seamless access to data it is necessary not only to adopt appropriate technical standards, practices and architecture, but also to develop legal frameworks that facilitate access to and use of research data.

This chapter provides an overview of the current research landscape in Australia as it relates to the collection, management and sharing of research data. The chapter then explains the Australian legal regimes relevant to data, including copyright, patent, privacy, confidentiality and contract law. Finally, this chapter proposes the infrastructure elements that are required for the proper management of legal interests, ownership rights and rights to access and use data collected or generated by research projects.

Impact and interest:

Citation countsare sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

Full-text downloads:

12 since deposited on 14 Oct 2011
12 in the past twelve months

Full-text downloadsdisplays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.

ID Code: 46499
Item Type: Book Chapter
Additional URLs:
ISBN: 9781920898939
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2008 Sydney University Press (Collection) / Individual authors (Papers)
Deposited On: 14 Oct 2011 14:36
Last Modified: 28 Aug 2013 14:33

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page