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Building the Infrastructure for Data Access and Reuse in Collaborative Research : An Analysis of the Legal Context

Fitzgerald, Anne M., Pappalardo, Kylie M., Fitzgerald, Brian F., Austin, Anthony C., Abbot, John W., Cosman, Brendan L., O'Brien, Damien S., & Singleton, Bill (2007) Building the Infrastructure for Data Access and Reuse in Collaborative Research : An Analysis of the Legal Context. The OAK Law Project, Canberra, Australia.

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Abstract

This Report examines the legal framework within which research data is generated, managed, disseminated and used. It provides an overview of the operation of copyright law, contract and confidentiality laws, as well as a range of legislation - privacy, public records and freedom of information legislation – that is of relevance to research data. The Report considers how these legal rules apply to define rights in research data and regulate the generation, management and sharing of data. The Report also describes and explains current practices and attitudes towards data sharing. A wide array of databases is analysed to ascertain the arrangements currently in place to manage and provide access to research data. Finally, the Report encourages researchers and research organisations to adopt proper management and legal frameworks for research data outputs. It provides practical guidance on the development and implementation of legal frameworks for data management with the objective of ensuring that research data can be accessed and used by other researchers.

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ID Code: 8865
Item Type: Report
Additional Information: The contents of this report can be freely accessed online via the web page (see hypertext link).
Keywords: Data, Data Management Plan, Infrastructure, Collaborative Research, Data Access and Use, Databases, Data Sharing, Data Landscape, “Data is the Next Intel Inside”, The Economic Benefits of Data Sharing, New Research Methodologies, e, Research, Cyberinfrastructure, Data Management, Legal Framework as e, Research, Guidelines, Information, Data items, Datasets, Data archive, Ownership, Control, Regulatory Context, Satutory Frameworks, Health information, Personally Identifying Information, Information Privacy, Personal Information, Privacy Act, Data linkage, National Health Privacy Code, National Health Act, Genetic Health Information, Government data, Information Privacy Principles, Archiving, Accountability, Accessibiklity, Public Records, Freedom of Information, Electronic Transactions, Data quality, Data control, Administrative arrangements, Information standards, Protocols, Culturally sensitive, Current practices, Attitudes to data sharing, Data sharing frameworks, National Institutes of Health, NIH, Genbank, Genetic Association Information Network, GAIN, National Human Genome Research Institute, NHGRI, International Human Genome Sequencing Consortium, IHGSC, Human Genome Project, Mouse Genome Sequencing Consortium, MGSC, Mouse Genome Informatics, MGI, Jackson Laboratory, Rat Genome Sequencing Consortium, RGSC, SNP Consortium, Mammalian Gene Collection, MGC, Encyclopaedia of DNA Elements, ENCODE, National Centre for Biotechnology Information, NCBI, Database of Genotype and Phenotype, dbGaP, Entrz, California Stem Cell Initiative, CIRM, Malaria Genomic Epidemiology Network, MalariaGEN, UniProtKB, Protein Knowledgebase, BRENDA, Nanowerk, Mars Climate Database, Western Australian Genetic Epidemiology Resource, WAGER, RettBase, InterRett, Earth System Grid, ESG, Australian Social Science Data Archive, ASSDA, Marine Themes, Australian Ocean Data Centre Joint Facility, AODCJF, Australian Ocean Data Centre, AODC, Australian Digital Thesis, ADT, Capture Wales, Digital Storytelling, BBC, Pacific and Regional Archive for Digital Sources in Endangered Cultures, PARADISEC, Sloan Digital Sky Survey, SDSS, ATLAS, Househole Income and Labour Dynamics in Australia Survey, HILDA, QUT e, Research Survey, QUT, Queensland University of Technology, OAK Law Project, Open Access to Knowledge, Legal Frameworks for e, Research, Patents, Parasitic Patents, Open Licensing, Open patent licensing, Patents Act, Bermuda Principles, HapMap, HapMap Consortium, CAMBIA, BiOS Licence, Richard Jefferson, Claire Driscoll, Eisenberg, Rai, NCRIS, Platforms for Collaboration, Department of Education Science and Training, DEST, Systematic Infrastructure Initiative, Backing Australia’s Ability, Copyright, Material form, Desktop Marketing, Feist, Ownership, Assignment, Licence, Open Content Licence, Creative Commons, Science Commons, Infringement, Computer, Generated works, Digital Rights Management, DRM, Electronic Rights Management Information, ERMI, Statutory licences, European Database Right, Confidential information, secret information, Breach of confidence, obligation of confidence, unauthorised use, disclosure, employment information, Government information, contracts, online contracts, click, wrap agreements, claick, wrap contracts, browse, wrap agreements, browse, wrap contracts, confidentiality agreements, contracts controlling access and use, sub, licence, data transfer agreement, data sharing frameworks, Bemuda Principles, Budapest Open Access Initiative, Bethesda Statement, Bethesda Statement on Open Access Publishing, Berlin Declaration, Berlin Declaration on Open Access to Knowledge in the Sciences and Humanties, World Summit on the Information Society, WSIS, Organisation for Economic Co, operataion and Development, OECD, Decalration on Access to Research Data from Public Funding, International Council for Science, ICSU, NIH Data Sharing Policy, Canadian Institutes of Health Research, CIHR, Geoconnections Canada, CGDI Roadmap, Research Councils UK, Research Information Network, RIN, European Research Council, European Union, EU Directive, European Union Directice on the Re, use of Public Sector Information, Australian Research Council, ARC, National Health and Medical Research Council, NHMRC, Office of Spatial Data Management, OSDM, ANZLIC, Interoperability Framework, Productivity Commission, Prime Minister’s Science, Engineering and Innovation Council, PMSEIC, National Collaborative Research Infrastructure Strategy, NCRIS, Wellcome Trust, Novartis, University and Industry Innovation Summit, Open Collaboration Principles, Data Access Policy, Data Access Principles, Data Management Toolkit, Practical Data Management, legal mechanisms, data security, Open Access
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Current > Schools > School of Accountancy
Copyright Owner: Copyright 2007 The Authors
Copyright Statement: Licensed under an Australian Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License <http://creativecommons.org/licenses/by-nc-sa/2.5/au>
Deposited On: 06 Aug 2007
Last Modified: 06 Jan 2014 12:54

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