20200429_OpenAIRE Legal Policy Webinar for researchers
Channel: OpenAIRE_eu
Date: 2020-04-29

https://www.openaire.eu/item/openaire-legal-policy-webinars

How do you deal with sensitive personal data in biomedical research? What are potential privacy issues when using personal data for your research? What do you need to know about the GDPR and the new PSI directive?  

In these webinars, our experts Prodromos Tsiavos (Senior Legal Advisor - ARC/ Head of Digital and Innovation - Onassis Group), Thomas Margoni (CREATE Glasgow) and Jacques Flores Dourojeanni (Research Data Management Consultant Utrecht University Library) will provide a legal perspective on research data management - both theoretical and practical. Given the current health crisis, the practical examples will focus on biomedical sciences and medical data - but the webinars will be relevant for researchers and research admin from all fields (including social sciences and humanities). 

+++++
Questions from the Q&A dealt with at the end: 
Is GDPR applicable retroactively? For example, is GDPR applicable on sharing (nowadays, outside EU) sensitive personal data from medical research collected 10 years ago?
Is there any guideline on how to precisely identify the legal entity allowed to apply a license do scientific data?

What if data is obtained from interaction with (measurement applied on) a human person, e.g. obtained in health and life sciences?

Social sciences research question: are the copyright issues relevant in case we want to analyze readers' comments on internet news portals (without identifying any particular individual, and not storing the full comments themselves only the keyowords)? 
Do you mean that data which is deposited in specific COVID-19 collections in data repositories (such OpenAire COVID- 19 Gateway at Zenodo or those in Registry of Research Data Repositories) can be reuse according tot the CC that the researcher adopted when did the submission but  the reuse can be possible  in other digital platforms (different from repositories) if there is a Wellcome statement or OpenCovidPledge?"

I) When the controller is not a public institution, but rather a higher education organisation governed by private law (such as a Foundation), engaging in scientific research, then legal grounds for data processing might be either consent or legitimate interests (as opposed to public interest). How do you feel this impacts the opportunities and challenges of what type of research may fall within this scope?

II) When requesting informed consent from research participants what level of detail do you provide in the information letter to explain 1) how data are processed  2) which (third) parties will have access to the data  3) which technical and organisational measures the researcher is taking to protect the data? 

for being exempt, how we can demonstrate that there is a disproportionate effort on provisioning such information?

Can the author of the publicly available and/or published document ask metadata to be removed from the library catalogue or repository?

When research is done under a tender (and not grant), is it acceptable for the legal basis for processing personal data be fulfilling contractual obligations?