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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.
Privacy in its many aspects is protected by various legal texts (e.g. the Basic Law, Civil Code, Criminal Code, or even the Law on Copyright in artistic and photographic works (KunstUrhG), which protects image rights). Data protection law, which governs the processing of information about individuals (personal data), also serves to protect their privacy. However, some information referring to the public sphere of an individual’s life (e.g. the fact that X is a mayor of Smallville) may still be considered personal data (see below), and as such fall within the scope of data protection rules. In this sense, data protection laws concern information that is not private.
Therefore, privacy and data protection, although closely related, are distinct notions: one can violate someone else’s privacy without processing his or her personal data (e.g. simply by knocking at one’s door at night, uninvited), and vice versa: one can violate data protection rules without violating privacy.
The following handouts focus exclusively on data protection rules, and specifically on the General Data Protection Regulation (GDPR). However, please keep in mind that compliance with the GDPR is not the only aspect of protecting privacy of individuals in research projects. Other rules, such as academic ethics and community standards (such as CARE) also need to be observed.
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.
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.