Korpuslinguistik
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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.
N-grams are of utmost importance for modern linguistics and language theory. The legal status of n-grams, however, raises many practical questions. Traditionally, text snippets are considered copyrightable if they meet the originality criterion, but no clear indicators as to the minimum length of original snippets exist; moreover, the solutions adopted in some EU Member States (the paper cites German and French law as examples) are considerably different. Furthermore, recent developments in EU law (the CJEU's Pelham decision and the new right of newspaper publishers) also provide interesting arguments in this debate. The proposed paper presents the existing approaches to the legal protection of n-grams and tries to formulate some clear guidelines as to the length of n-grams that can be freely used and shared.
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.
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.
This paper addresses long-term archival for large corpora. Three aspects specific to language resources are focused, namely (1) the removal of resources for legal reasons, (2) versioning of (unchanged) objects in constantly growing resources, especially where objects can be part of multiple releases but also part of different collections, and (3) the conversion of data to new formats for digital preservation. It is motivated why language resources may have to be changed, and why formats may need to be converted. As a solution, the use of an intermediate proxy object called a signpost is suggested. The approach will be exemplified with respect to the corpora of the Leibniz Institute for the German Language in Mannheim, namely the German Reference Corpus (DeReKo) and the Archive for Spoken German (AGD).