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The Leibniz-Institute for the German Language (IDS) was established in Mannheim in 1964. Since then, it has been at the forefront of innovation in German linguistics as a hub for digital language data. This chapter presents various lessons learnt from over five decades of work by the IDS, ranging from the importance of sustainability, through its strong technical base and FAIR principles, to the IDS’ role in national and international cooperation projects and its expertise on legal and ethical issues related to language resources and language technology.
This paper discusses current trends in DeReKo, the German Reference Corpus, concerning legal issues around the recent German copyright reform with positive implications for corpus building and corpus linguistics in general, recent corpus extensions in the genres of popular magazines, journals, historical texts, and web-based football reports. Besides, DeReKo is finally accessible via the new
corpus research platform KorAP, offering registered users several news features in comparison with its predecessor COSMAS II.
Digital humanities research under United States and European copyright laws. Evolving frameworks
(2021)
This chapter summarizes the current state of copyright laws in the United States and European Union that most affect Digital Humanities research, namely the fair use doctrine in the US and research exceptions in Europe, including the Directive on Copyright in the Digital Single Market, which has been finally adopted in 2019. This summary begins with a description of recent copyright advances most relevant to DH research, and finishes with an analysis of a significant remaining legal hurdle which DH researchers face: how do fair use and research exceptions deal with the critical issue of circumventing technological protection measures (TPM, a.k.a. DRM). Our discussion of the lawful means of obtaining TPM-protected material may contribute to both current DH research and planning decisions and inform future stakeholders and lawmakers of the need to allow TPM circumvention for academic research.
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.
Privacy by Design (also referred to as Data Protection by Design) is an approach in which solutions and mechanisms addressing privacy and data protection are embedded through the entire project lifecycle, from the early design stage, rather than just added as an additional layer to the final product. Formulated in the 1990 by the Privacy Commissionner of Ontario, the principle of Privacy by Design has been discussed by institutions and policymakers on both sides of the Atlantic, and mentioned already in the 1995 EU Data Protection Directive (95/46/EC). More recently, Privacy by Design was introduced as one of the requirements of the General Data Protection Regulation (GDPR), obliging data controllers to define and adopt, already at the conception phase, appropriate measures and safeguards to implement data protection principles and protect the rights of the data subject. Failing to meet this obligation may result in a hefty fine, as it was the case in the Uniontrad decision by the French Data Protection Authority (CNIL). The ambition of the proposed paper is to analyse the practical meaning of Privacy by Design in the context of Language Resources, and propose measures and safeguards that can be implemented by the community to ensure respect of this principle.
Ethical issues in Language Resources and Language Technology are often invoked, but rarely discussed. This is at least partly because little work has been done to systematize ethical issues and principles applicable in the fields of Language Resources and Language Technology. This paper provides an overview of ethical issues that arise at different stages of Language Resources and Language Technology development, from the conception phase through the construction phase to the use phase. Based on this overview, the authors propose a tentative taxonomy of ethical issues in Language Resources and Language Technology, built around five principles: Privacy, Property, Equality, Transparency and Freedom. The authors hope that this tentative taxonomy will facilitate ethical assessment of projects in the field of Language Resources and Language Technology, and structure the discussion on ethical issues in this domain, which may eventually lead to the adoption of a universally accepted Code of Ethics of the Language Resources and Language Technology community.
Researchers in Natural Language Processing rely on availability of data and software, ideally under open licenses, but little is done to actively encourage it. In fact, the current Copyright framework grants exclusive rights to authors to copy their works, make them available to the public and make derivative works (such as annotated language corpora). Moreover, in the EU databases are protected against unauthorized extraction and re-utilization of their contents. Therefore, proper public licensing plays a crucial role in providing access to research data. A public license is a license that grants certain rights not to one particular user, but to the general public (everybody). Our article presents a tool that we developed and whose purpose is to assist the user in the licensing process. As software and data should be licensed under different licenses, the tool is composed of two separate parts: Data and Software. The underlying logic as well as elements of the graphic interface are presented below.
The English language has taken advantage of the Digital Revolution to establish itself as the global language; however, only 28.6 %of Internet users speak English as their native language. Machine Trans-lation (MT) is a powerful technology that can bridge this gap. In devel-opment since the mid-20th century, MT has become available to every Internet user in the last decade, due to free online MT services. This paper aims to discuss the implications that these tools may have for the privacy of their users and how they are addressed by EU data protec-tion law. It examines the data-flows in respect of the initial processing (both from the perspective of the user and the MT service provider) and potential further processing that may be undertaken by the MT service provider.
The debate on the use of personal data in language resources usually focuses — and rightfully so — on anonymisation. However, this very same debate usually ends quickly with the conclusion that proper anonymisation would necessarily cause loss of linguistically valuable information. This paper discusses an alternative approach — pseudonymisation. While pseudonymisation does not solve all the problems (inasmuch as pseudonymised data are still to be regarded as personal data and therefore their processing should still comply with the GDPR principles), it does provide a significant relief, especially — but not only — for those who process personal data for research purposes. This paper describes pseudonymisation as a measure to safeguard rights and interests of data subjects under the GDPR (with a special focus on the right to be informed). It also provides a concrete example of pseudonymisation carried out within a research project at the Institute of Information Technology and Communications of the Otto von Guericke University Magdeburg.
In order to develop its full potential, global communication needs linguistic support systems such as Machine Translation (MT). In the past decade, free online MT tools have become available to the general public, and the quality of their output is increasing. However, the use of such tools may entail various legal implications, especially as far as processing of personal data is concerned. This is even more evident if we take into account that their business model is largely based on providing translation in exchange for data, which can subsequently be used to improve the translation model, but also for commercial purposes. The purpose of this paper is to examine how free online MT tools fit in the European data protection framework, harmonised by the EU Data Protection Directive. The perspectives of both the user and the MT service provider are taken into account.
Despite being an official language of several countries in Central and Western Europe, German is not formally recognised as the official language of the Federal Republic of Germany. However, in certain situations the use of the German language, including the spelling rules, is subject to state regulation (by acts of Federal Parliament orby administrative decisions). This article presents the content of this regulation, its scope, and the historical context in which it was adopted.
Providing online repositories for language resources is one of the main activities of CLARIN centres. The legal framework regarding liability of Service Providers for content uploaded by their users has recently been modified by the new Directive on Copyright in the Digital Single Market. A new category of Service Providers, Online Content-Sharing Service Providers (OCSSPs), was added. It is subject to a complex and strict framework, including the requirement to obtain licenses from rightholders for the hosted content. This paper provides the background and effect of these changes to law and aims to initiate a debate on how CLARIN repositories should navigate this new legal landscape.
The General Data Protection Regulation (hereinafter: GDPR), EU Regulation 2016/679 of 27 April 2016, will become applicable on 25 May 2018 and repeal the Personal Data Directive of 24 October 1995.
Unlike a directive, which requires transposition into national laws (while leaving the choice of “forms and methods” to the Member States), a regulation is binding and directly applicable in all Member States. This means that when the GDPR becomes applicable, all the EU countries will have the same rules regarding the protection of personal data — at least in principle, since some details (including in the area of research — see below) are expressly left to the discretion of the Member States.
The GDPR is a particularly ambitious piece of legislation (consisting of 99 articles and 173 recitals) whose intended territorial scope extends beyond the borders of the European Union. Its main concepts and principles are essentially similar to those of the Personal Data Directive, but enriched with interpretation developed through the case law of the CJEU and the opinions of the Article 29 Data Protection Working Party (hereinafter: WP29).
This White Paper will discuss the main principles of data protection and their impact on language resources, as well as special rules regarding research under the GDPR and the standardisation mechanisms recognized by the Regulation.