CLARIN Legal Issues Committee (CLIC) - White Paper Series
https://www.clarin.eu/content/bibliographyfurther-reading-legal-and-ethical-issues#clicwp
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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.
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The possibilities of re-use and archiving of spoken and written corpora are affected by personality rights (depending on legal tradition also called: the right of publicity), copyright law and data protection / privacy laws. These recommendations include information about legal aspects which should be considered while creating corpora to ensure the greatest archivability and re-usability possible in compliance with current laws.
The information compiled here shall serve researchers who plan to create corpora or who are involved in evaluation of such measures as a guideline. This information is not exhaustive or to be considered as legal advice. Researchers should consult institutional legal departments and management before making legally relevant decisions. That said, further legal expertise should be sought if possible as early as project planning phases.