Legal & ethical aspects in handling research data

Usage and exploitation rights in protectable research data often (though not always) at first lie with the person who collects or generates them. This depends on the individual case. Under certain circumstances, supervisors, employees, clients and funders (such as employers or funding organisations) can also assert such rights. In the event of a dispute, the following questions, among others, would have to be clarified:

• Is the data in question legally protectable?
• In what kind of context was the data collected or generated?
• Was raw data provided by third parties and if so, on what terms?
• Which persons were involved in which function and with which employment status?
• Who financed the work?
• Have agreements on usage and exploitation rights been made in advance (e.g. cooperation agreement, funding agreement, employment contract, project guidelines, non-disclosure agreement, licencing conditions, etc.)?

Re-using research data is generally explicitly desired by most funding organisations and is, where possible, preferable to newly generating them. However, check whether the data providers have stipulated usage conditions, for example in the form of a licence. If this is not the case, obtain a written permission from the providers to process (and possibly publish) the data in the way you intend to. This way you avoid potential disputes, even if the data are not statutorily protectable.

Sometimes, obtaining consent for data use is not practicable. However, copyright provisions may apply that allow usage for research purposes nevertheless, especially in case of data mining. Regarding research involving personal data, data protection laws too know exceptions for certain cases where obtaining the consent of the data subjects can be waived (see section "Data protection").

The right of quotation allows you to reproduce individual passages from published works by others in your own work, provided that you state the source correctly and address the content of these citations. Make sure that you cite the source correctly, even in cases where the data come with a licence that does not necessarily require you to do so (e.g. CC0). Otherwise, you are disregarding good research practice.

An ethics vote may be required if any of the following points applies to your project:

•     You are conducting research on or with particularly vulnerable persons.
•     You are working with particularly sensitive personal data (e.g. on sexuality or political views).
•     You are conducting experiments on animals
•     You are planning medical tests on humans (for example, new medicines or therapeutic methods).

Ethical questions may also arise in areas where an ethics vote is not currently required. This is especially true if you are researching technologies whose application may also have negative effects on people, society, the environment or the climate (for example, automated facial recognition, fossil fuel extraction, artificial intelligence). In such cases, you can turn to the Committee for Responsibility in Research for collegial advice, if needed.

In case of proposals addressed to the German Research Foundation, an ethics vote  - where necessary - must be requested at an early stage, usually before the proposal is submitted. Otherwise, there may be considerable delays in the processes of review and funding decision.

see "Contact points for ethical questions":

• In case of non-medical research on and about humans: Joint Ethics Committee of LUH and HMTMH.
• In case of medical research: Ethics Committee of MHH
• In case of animal experiments: Lower Saxony State Office for Consumer Protection and Food Safety