Kyushu University Research Data Management and Sharing Policy
Commentary
Approved by the Education and Research Council on March 16, 2023
This document serves as a supplementary commentary on the policy itself. Among others, thiscommentary sets out the meaning of the policy text, the policy’s background and basis, specificexamples, and important notes.

(Purpose and Objectives)
1.

The mission of Kyushu University (hereinafter referred to as “this University”) is tocontribute to mankind and society by promoting research activities and widely publishing
the results, as the foundation of the pursuit, creation and development of better knowledge.
Research data is a valuable asset, as it is not only the product resulting from research, butalso the source of new knowledge. Additionally, it is vital in order to guarantee the integrityof research.
As such, through cooperation with various stakeholders in the course of research activities,
this University seeks to manage research data efficiently in order both to increase its value
and to enhance the quality and transparency of research. Furthermore, this University strives
to make research data available to society and the research community through publicationand thereby promote its use, with the aim of creating new knowledge.
Given this philosophy, the objective of this Policy is to establish the principles of researchdata management and publication at this University.

1-1.

Background Kyushu University Research CharterIn the Kyushu University Research Charter, Article 1 (The Purpose of This Charter) contains
the commitment to “contribute, as the foundation of the pursuit, creation and development
of better knowledge, to mankind and society” while Article 4 (The Social and International
Contribution of Research) Paragraph 3 states that “As an institution open to the public,
Kyushu University shall freely disclose its research results. It shall endeavour to...promot[e]exchange programs of researchers and linkage with other institutions and enterprises as wellas actively dispatching information to the world.” This Policy has been established inaccordance with the spirit of the Research Charter. The term “freely disclose” is used in theCharter; including the phrases “freely disclose its research results” and “actively dispatching
information to the world,” this is interpreted as a stipulation that this University should
strive to widely publish the results of its research.
 Global advances in data-driven research and moves toward open access to research data Requirements by funding organizations to submit data management plans, and requirementby the government to formulate a policy
Among the major indicators set out in Japan’s Sixth Science, Technology, and Innovation
Basic Plan (approved by the Cabinet in June 2021) are the establishment of data policies by100% of universities with institutional repositories by 2025 and the introduction of data1management plans (DMPs) for 100% of new subscriptions of publicly offered researchfunds by FY2023.
 Emphasis on data governance
The operation of governance and appropriate management will be assured through the
preparation of a DMP compliant with this Policy and the management of data by researchers
themselves in accordance with the DMP. This University attaches importance to data
governance as the foundation supporting the development of data-driven education,
research, and medical care.
 Potential disadvantages resulting from failure to formulate a policy
When personnel transfer to another institution, they might not be able to transfer data to that
institution if it does not have a policy. Moreover, without a policy, it might not be possible
to obtain data created at another institution.
1-2.

Significance of research data management and publication

Research data that is the product of research conducted with public funding should be widely
published to contribute to society once the individuals who created the data have finished using
it. At the same time, the management and publication of research data is significant for researchers
themselves in the following ways.
 Proper management of research data means that you are in a position to verify that your own
research is being done correctly, and this protects your research in the sense that you canassert the integrity of your own research.
 In addition to journals, a major trend toward commercialization of research data bycommercial publishers has begun worldwide, and there is a growing need to compete withthem. Keeping your research data under your control protects your data and your research
activities.
 For individual researchers, laboratories, research projects, etc., establishing basic rules forresearch data management and properly storing, using, and sharing the data will lead to more
efficient research.
 The value of the research itself is enhanced when the research data is made public andavailable to a large number of people.
1-3.

Important legal points regarding data-related rights and protection

Generally speaking, data is not protected by property rights, as it is not a tangible object. When
thinking about whether or not data is protected as intellectual property, it is necessary to consider
the specific nature of the data, based on its content and the way in which it is handled. For example,
as “a creatively produced expression of thoughts or sentiments that falls within the literary,academic, artistic, or musical domain,” data constitutes a work as defined in Article 2 (1) (i) of
the Copyright Act, and is therefore protected by copyright. In addition, under Article 12-2 (1) of
the Copyright Act, “a database that, by reason of the selection or systematic construction of
information contained therein, constitutes a creation is protected as a work.” Moreover, data that
constitutes “technical or business information useful for business activities, such as

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manufacturing or marketing methods, that is kept secret, and is not publicly known” is protected
as a trade secret under Article 2 (6) of the Unfair Competition Prevention Act. Data can also beprotected by means of a contract between parties. However, it must be remembered that theprotection of data by means of a contract only has force in regard to the parties to the contract andis not effective against third parties.

(Definition of Research Data)
2.

The research data subject to this Policy is data, both digital and otherwise, collected and/or
generated by researchers via research activities at this University.

2-1.

Detailed scope of application

 Data relating to education and medical care also constitutes research data subject to thisPolicy if it has been collected, generated and/or processed for the purpose of research.
 This University’s Guidelines for Research Data Storage cover “research data and otheritems,” which are defined as laboratory notebooks, numerical data, images, specimens andequipment that serve as evidence for presentations of research results. However, data that is
not directly used in presentations of research results is also covered by this policy, as it canhave academic value.
 As the question of what kind of research data should be subject to management andpublication differs according to the characteristics of the field and the features of theresearch data, each school, institute and faculty shall stipulate the appropriate scope of
application in a set of implementation guidelines or similar document.
2-2.

Examples of research data Primary data collected, generated or observed as research material
 Data generated by processing or adding information to primary data, or data generated byanalyzing primary data, etc.
 Records created during the collection and generation phases of the above data (laboratory
notebooks, field notes, questionnaires, etc.)
 Evidence data of information contained in research outcomess, such as articles
materials

and lecture

 Physical materials used in the research (samples, specimens, etc.)(Definition of Researchers)
3.

The researchers governed by this Policy are this University’s officers, staff, faculty members,
and students, etc.

 It is difficult to prescribe general rules about whether this Policy covers data created byexternal researchers, such as cases in which external researchers undertaking activities in3

partnership with faculty members of this University generate data while using this
University’s environment, or cases in which external researchers generate data while using
equipment belonging to joint research centers. Accordingly, each school, institute andfaculty shall stipulate these matters in a set of implementation guidelines or similar
document.
 With regard to the term “students, etc.,” the question of whether non-degree students suchas research students and credited auditors are subject to this Policy shall be determined byeach school, institute and faculty in a set of implementation guidelines or similar document,
as it is difficult to prescribe general rules about whether data generated by such students
should be treated as research data. Non-degree students are those specified in Chapter VIIof the General Regulations of Undergraduate Schools of Kyushu University (credited
auditors, auditors, special auditors, research students, and special students) and Chapter VIIIof the General Regulations of Graduate Schools of Kyushu University (credited auditors,
auditors, special auditors, research students, and special research students).

(Research Data Management)
4. Researchers have not only the authority to manage the research data they have collected andgenerated, but also the responsibility to manage it appropriately in accordance with relevant
legislation, contracts, ethical standards, and the like.
As well as assuming ultimate responsibility for research data management, this University
shall put in place an environment that supports research data management.
4-1.

What research data management includes

In this Policy, the term “research data management” indicates the following activities.
（1）The formulation of data management plans (DMPs), data management in accordancewith DMPs, and the revision of DMPs necessitated by changes to research plans（2）Appropriate storage and use of research data associated with currently active studies（3）Screening of research data for storage or disposal at the end of a study, determinationand extension of storage periods, and appropriate implementation of storage and disposal
Matters including the screening of research data for storage or disposal, and methods andprocedures for the implementation of storage and disposal shall be determined by each school,
institute and faculty in a set of implementation guidelines or similar document, in the event that
there are field-specific regulations or conventions.
4-2.

The role of researchers and the role of the University

 Researchers shall manage research data themselves. Researchers have the responsibility toundertake appropriate research data management, in order to ensure the integrity of theirown research, and to guarantee the accuracy, integrity, and traceability of their research data.
 In the event that a researcher receives a request for disclosure of evidence data for a study
and either cannot accommodate the request or refuses to disclose the data, the University

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will, as an exception, make a decision and disclose the data if necessary (ultimate
responsibility for management).
 The University shall put in place the environment required to enable researchers to manage
research data (information infrastructure and personnel-based support systems).
4-3.

Specific examples of support provided by this University

Specific examples of support provided by this University include the following.
 Provision of storage systems for storage and sharing
 Support for preparing data management plans (DMPs)
 Education in research data management literacy for early-career researchers Provision of advice and information regarding the handling of research data in contracts
 Judgments regarding the need to protect research data as intellectual property and provisionof advice and information regarding the requirements for managing protected research data
4-4.

Storage period and location

 Researchers may specify any storage period they choose. However, in the case of researchdata and other items serving as evidence for articles and other research achievements thatare subject to the Kyushu University Guidelines for Research Data Storage, this period may
not be less than 10 years after the publication of the articles etc. in question, as prescribedin the Guidelines.
 Research data shall be stored using appropriate means and in an appropriate location, taking
into account the specific nature of the research field in question. Except in the case of genetic
information and other areas where field-specific repositories are widely used as standard, it
is recommended that research data be stored using the information infrastructure provided
by this University for the purpose of research data management, so that this University canassume ultimate responsibility for its management. Where research data is non-digital, it isrecommended that the data is digitized and stored in the same way.
 Matters concerning the storage period and location shall be determined by each school,
institute and faculty in a set of implementation guidelines or similar document, in the eventthat there are field-specific regulations or the like.
4-5.

Handling of research data when a researcher transfers to another institution; transfer ofcontrol and attribution of research data To ensure that the whereabouts of research data do not become unclear as a result of a
researcher transferring to another institution, DMPs must be prepared and revised
appropriately, and data managed in accordance with the DMP.
 It is recommended that digital research data be stored on the information infrastructure
provided by this University, so that this University may assume ultimate responsibility for
research data management.

5 Matters concerning the transfer of control and attribution of research data arising from a
researcher’s transfer to another institution shall be determined by each school, institute andfaculty in a set of implementation guidelines or similar document, taking into account the
specific nature of the field.
 Matters concerning the attribution of research data collected and generated by external
researchers using this University’s equipment, etc. shall also be determined by each school,
institute and faculty in a set of implementation guidelines or similar document.
4-6.

Important notes

In the management and publication of research data, researchers must comply with relevant
legislation, research ethics guidelines prescribed by the national government or internationalorganizations and the like, ethical standards in individual research fields, contracts, rules, etc.
prescribed by this University, and other equivalent stipulations.
These important notes are applicable to both research data management under this article andthe publication of research data under the next article.
4-6.1. Important general notes When handling research data that contains personal information, pay careful attention to theprotection of personal information, in accordance with relevant rules, etc. prescribed by this
University.1
 Where the same research data is being used by multiple researchers, it is desirable to specify
a single data manager with authority and responsibility for matters concerning themanagement of that research data, as needed.
 When using research data collected and/or generated at another institution, researchers shalluse it appropriately, in accordance with the policies, etc. of the institution concerned.
Researchers shall take care to ensure that no problems arise regarding the attribution, etc. ofthe data in question and research data concerning any secondary products thereof, concluding
a contract if necessary.
 When conducting research in collaboration with external parties, researchers must establish
an agreement on research data management as needed by means of a contract, etc. and must
manage research data appropriately. This applies not only to data newly generated in thecourse of such research, but also data shared by participating institutions and the like.
4-6.2. Important notes regarding human subjects research, etc.
Special consideration is required for the handling of data in research involving human subjects.
Matters concerning the collection, use, sharing, reuse, and disposal of data should be handledsolely within the permissible scope of consent provided by subjects. However, the reality is that1

Kyushu University Rules on the Management of Personal Information; Kyushu University Personal
Information Protection Manual<Division in charge: General Affairs Division, General Affairs Department>

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consent for the use of data after the study is generally not mentioned in the consent process, andcases have been seen in which researchers have privately diverted data to each other. To promote
the appropriate use of data going forward, researchers must bear the following points in mind.
 When explaining data acquisition to subjects, researchers shall provide a full explanation
regarding the methods used for sharing and reusing the acquired data and obtain thenecessary consent.
 Researchers shall not share or reuse data beyond the scope of the consent provided.
 In the event of any changes in the research data storage system arising due to a researcher’stransfer to another institution or any other reason, researchers shall revise the DMP
appropriately, and shall check and comply with the consent provided by subjects.
If field-specific guidelines2 for obtaining consent have been prescribed, each school, instituteand faculty shall specify these in a set of implementation guidelines or similar document.
4-6.3. Important notes when concluding contracts and agreements
 When concluding contracts, researchers must specify that research data is to be handled inaccordance with the purpose of this Policy, to ensure that such contracts do not impede thefuture use of the research data at this University or further progress in research. In particular,
full consideration shall be given to such matters as the attribution of the research data,
methods of managing it, its handling after the study’s end, conditions for secondary use andthe attribution of secondary products, the handling of confidential information, and theconfidentiality period.
 This University is required to provide appropriate support to researchers, including theprovision of information and advice required in order to consider the aforementioned
matters. It is also vital for researchers to strive to seek the requisite support.
4-6.4. Important notes concerning intellectual property
 To ensure appropriate protection of this University’s intellectual property, researchers shallconsider whether or not the research data they have collected and/or generated should beprotected as intellectual property in accordance with relevant rules, etc. prescribed by this
University,3 in keeping with the content of the data and the way in which it will be handled.

2

Such as the Ethical Guidelines for Medical and Biological Research Involving Human Subjects (March
23, 2021 (partially revised March 10, 2022). Ministry of Education, Culture, Sports, Science andTechnology; Ministry of Health, Labour and Welfare; Ministry of Economy, Trade and Industry)
https://www.mhlw.go.jp/content/000909926.pdf; the Kyushu University Regulations for Medical andBiological Research Involving Human Subjects; the Kyushu University Regulations for Handling ClinicalResearch Data; and the Kyushu University Regulations for Clinical Research Concerning Gene
Therapies, etc.
3
Rules, etc. regarding intellectual property: Kyushu University Policy on Intellectual Property; Rules on
the Handling of Intellectual Property; Kyushu University Regulations for Handling Clinical Research
Data Rules, etc. regarding trade secrets: Kyushu University Regulations for the Management of Trade
Secrets; Kyushu University Trade Secret Management Policy

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Where researchers determine that research data should be protected in this way, they shallmanage the data appropriately in accordance with the relevant manuals and otherdocumentation.4
 In particular, in the case of research data that could potentially be subject to regulation under
the Foreign Exchange and Foreign Trade Act (FEFTA), researchers shall make appropriate
judgments regarding whether or not such data should be managed as confidential, taking
into account relevant rules prescribed by this University and legislation, etc.5 Moreover,when providing such data, researchers shall carefully consider the advisability of doing soand, if necessary, follow the University’s internal security export control procedure.6
 This University is required to provide appropriate support to researchers, including theprovision of information and advice required in order to consider the aforementioned
matters. It is also vital for researchers to strive to seek the requisite support.
(Publication of Research Data)
5. This University and its researchers shall cooperate with each other in promoting the
publication of research data and encouraging its use, in keeping with the University’s
research strategy and mission to contribute to society.
Researchers shall decide whether or not to publish research data, based on consideration of
the specific nature of their research field and in accordance with relevant legislation,
contracts, ethical standards, and the like. This University shall play a proactive role inactivities to facilitate publication by researchers and shall put in place an environment tosupport this.
5-1.

Explanation of publication

 In this Policy, the term “publication” refers to making stored research data accessible andusable online free of charge, and includes the concepts of open access, which refers to datathat can be accessed by any user without restriction, and restricted access, which refers todata that can be accessed only by users who satisfy the conditions of access. Data that is not
published is designated “closed access.” If the field concerned has reached agreements on what should or should not be published,these matters shall be specified by each school, institute and faculty in a set of
implementation guidelines or similar document.

<Division in charge: Kyushu University Open Innovation Platform (Academic Research and Industrial
Collaboration Management Office (AiRIMaQ))
4
Trade Secret Management Manual <Division in charge: As above>
5
Legislation, etc. against which research data should be checked: FEFTA; Appended Table 1 of theExport Trade Control Order; the appended table of the Foreign Exchange Order
Rules, etc. of this University to which researchers should refer: Kyushu University Security Export
Control Regulations; Kyushu University Management Guidelines for Export Control; Provision ofTechnologies in the Course of Research and Education Activities Specified Separately by the Security
Export Control Manager (Article 2 (2) (ii) of the Guidelines)<Division in charge: Kyushu University Integrated Legal Office>6
Reference: Kyushu University Integrated Legal Office website: https://qilo.kyushu-u.ac.jp/en/security

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5-2.

The role of researchers, the role of the university, and important notes Researchers shall decide whether or not to publish research data and what publication
methods to use. This University shall support researchers, to enable them to makeappropriate judgments on these matters.
 Before publishing research data, researchers and this University shall cooperate in deciding
on such matters as licensing, attachment of metadata, and location of publication, taking
into account the FAIR Data Principles.7
 This University shall provide a repository 8 for the publication of research data. This
University shall strive to enhance publication infrastructure, as far as possible, to preventthe loss of precious data and to provide a final repository for research data publishedindependently as part of projects with a time limit and the like.
 This University shall support data processing for the purpose of publication, such as theanonymization of personal information.
 As part of its activities to encourage the publication of research data by researchers, this
University shall consider matters including the status of research data publication whenevaluating researchers.
5-3.

Judgments/decisions on advisability of publication

 In publishing research data, researchers must comply, among others, with relevant
legislation, contracts, rules and the like established by this University, and ethical standards
required in the relevant research field. Researchers must also appropriately identify data thatshould be protected and data that should be designated closed access.
 Even in the case of research data deemed to be suitable for publication from a legal andethical perspective, some research data requires legal protection as intellectual property, inorder to ensure the social implementation of research output and promote further research.
Researchers must determine the strategic advisability of publication, based on an open andclosed strategy.9
 This University shall seek to further strengthen intellectual property management functions,such as providing appropriate information and enhancing advice, in order to support
researchers in making judgments. In addition, this University shall put in place systems and

7

The FAIR Data Principles: A set of principles concerning the publication and use of data, which weredrawn up in 2014 on the basis of discussions at FORCE11. FAIR is an acronym that stands for Findable,
Accessible, Interoperable, and Reusable. Today, the principles are widely accepted as setting out theappropriate state for data publication and sharing. FORCE11, The FAIR Data Principles (English):https://force11.org/info/the-fair-data-principles/
8This University has established Kyushu University Institutional Repository (QIR) to serve as
infrastructure for the publication of research data. <Division in charge: University Library>9
In the context of research data, an open and closed strategy is a strategy that divides research data into
data that can be published and data that should be designated closed access, based on the nature of thedata concerned. This kind of strategy is advocated in the Sixth Science, Technology, and Innovation Basic
Plan, among others.

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procedures to ensure the operation of appropriate check functions when seeking to publish
research data.
The flow chart below shows the decision-making process involved in determining whether or not
to publish data.
Researcher
Judgment based on
legislation, contracts, Can be
this university rules, publishedetc.

Judgment based on
open & closed
strategy

PublishConsideration &decision regarding
publication method

Open accessPublished

Check by thisuniversity, etc.
Should be designatedclosed access

Designate closed
accessRestricted access

Closed access

5-4. Decisions on publication methods and attachment of conditions of use
When publishing research data, it is necessary to decide on the appropriate timing of
publication, the optimal publication methods, and the conditions of use, taking into account suchmatters as the characteristics of the research field and the nature of the research data, in order toensure that even more outstanding research results can be created at this University. Morespecifically, the following matters must be considered and decided upon.
a.

Appropriate timing of publication: Embargo period based on a contract or similar, or
establishment of a strategic embargo period, etc.

b.

Scope of publication: Shared with relevant parties / restricted access (e.g. individuals
within the university only or those who apply to obtain the data only) / open accessc.

Conditions/procedures regarding use: Wording of licenses concerning such matters asavailability for secondary or commercial use, and whether the data can be processed.
Procedures in the event that an application or permission is requiredd.

Location of publication: Selection of the repository, etc. where the research data is to be
publishede.

Other conditions (such as any requirement for a licensing agreement and handling ofresearch output created using the research data in question)

While respecting the wishes of researchers, this University shall provide researchers withappropriate information and advice, etc. concerning such matters as specific publication
conditions and methods, in order to increase the value of research data and ensure the further
advancement of research.
5-5. Important notes
Please refer to section 4-6. “Important notes” of the commentary on Article 4.
6.

Other

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Appropriate revisions to this commentary shall be made as required.
-----------------------------------Inquiries regarding this Policy and commentary:
Division of Research Data Service, Data-Driven Innovation Initiativerds_help＠dx.kyushu-u.ac.jp

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