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The article focuses on determining responsible parties and the division of potential liability arising from sharing language data (LD) containing personal data (PD). A key issue here is to identify who has to make sure and guarantee the GDPR compliance. The authors aim to answer 1) whether an individual researcher is a controller and 2) whether sharing LD results in joint controllership or separate controllership (whether the data's transferee becomes the controller, the joint controller or the processor). The article also analyses the legal relations of parties involved in data sharing and potential liability. The final section outlines data sharing in the CLARIN context. The analysis serves as a preliminary analytical background for redesigning the CLARIN contractual framework for sharing data.
CLARIN contractual framework for sharing language data: the perspective of personal data protection
(2020)
The article analyses the responsibility for ensuring compliance with the General Data Protection Regulation (GDPR) in research settings. As a general rule, organisations are considered the data controller (responsible party for the GDPR compliance). Research constitutes a unique setting influenced by academic freedom. This raises the question of whether academics could be considered the controller as well. However, there are some court cases and policy documents on this issue. It is not settled yet. The analysis serves a preliminary analytical background for redesigning CLARIN contractual framework for sharing data.
Sometimes legal scholars get relevant but baffling questions from laypersons like: “The reference to a work is personal data, so does the GDPR actually require me to anonymise it? Or, as my voice data is personal data, does the GDPR automatically give me access to a speech recognizer using my voice sample? Or, can I say anything about myself without the GDPR requiring the web host to anonymise or remove the post? What can I say about others like politicians? And, what can researchers say about patients in a research report?” Based on these questions, the authors address the interaction of intellectual property and data protection law in the context of data minimisation and attribution rights, access rights, trade secret protection, and freedom of expression.
The normative layer of CLARIN is, alongside the organizational and technical layers, an essential part of the infrastructure. It consists of the regulatory framework (statutory law, case law, authoritative guidelines, etc.), the contractual framework (licenses, terms of service, etc.), and ethical norms. Navigating the normative layer requires expertise, experience, and qualified effort. In order to advise the Board of Directors, a standing committee dedicated to legal and ethical issues, the CLIC, was created. Since its establishment in 2012, the CLIC has made considerable efforts to provide not only the BoD but also the general public with information and guidance. It has published many articles (both in proceedings of CLARIN conferences and in its own White Paper Series) and developed several LegalTech tools. It also runs a Legal Information Platform, where accessible information on various issues affecting language resources can be found.
Twitter data is used in a wide variety of research disciplines in Social Sciences and Humanities. Although most Twitter data is publicly available, its re-use and sharing raise many legal questions related to intellectual property and personal data protection. Moreover, the use of Twitter and its content is subject to the Terms of Service, which also regulate re-use and sharing. This extended abstract provides a brief analysis of these issues and introduces the new Academic Research product track, which enables authorized researchers to access Twitter API on a preferential basis.
The Data Governance Act was proposed in late 2020 as part of the European Strategy for Data, and adopted on 30 May 2022 (as Regulation 2022/868). It will enter into application on 24 September 2023. The Data governance Act is a major development in the legal framework affecting CLARIN and the whole language community. With its new rules on the re-use of data held by the public sector bodies and on the provision of data sharing services, and especially its encouragement of data altruism, the Data Governance Act creates new opportunities and new challenges for CLARIN ERIC. This paper analyses the provisions of the Data Governance Act, and aims at initiating the debate on how they will impact CLARIN and the whole language community.
The CLARIN infrastructure as an interoperable language technology platform for SSH and beyond
(2023)
CLARIN is a European Research Infrastructure Consortium developing and providing a federated and interoperable platform to support scientists in the field of the Social Sciences and Humanities in carrying-out language-related research. This contribution provides an overview of the entire infrastructure with a particular focus on tool interoperability, ease of access to research data, tools and services, the importance of sharing knowledge within and across (national) communities, and community building. By taking into account FAIR principles from the very beginning, CLARIN succeeded in becoming a successful example of a research infrastructure that is actively used by its members. The benefits CLARIN members reap from their infrastructure secure a future for their common good that is both sustainable and attractive to partners beyond the original target groups.