340 Recht
Refine
Year of publication
- 2021 (3)
Document Type
- Part of a Book (2)
- Conference Proceeding (1)
Language
- English (3)
Has Fulltext
- yes (3)
Is part of the Bibliography
- yes (3)
Keywords
- Datenschutz (3)
- Forschungsdaten (2)
- Geistiges Eigentum (2)
- Recht (2)
- CLARIN (1)
- Computerlinguistik (1)
- Datenschutz-Grundverordnung (1)
- Digital Humanities (1)
- GDPR (1)
- Haftung (1)
Publicationstate
Reviewstate
- Peer-Review (3)
Publisher
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.
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 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.