September 12, 2022

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For instance, trust can be reinforced by empowering users so that they can address some of the risks of enhanced access and sharing. (2015), Biomedical Data Sharing and Reuse: Attitudes and Practices of Clinical and Scientific Research Staff, http://dx.doi.org/10.1371/journal.pone.0129506. (2015), A European Perspective on the Economics of Big Data, Farm Policy Journal, Vol. It is sufficient from a data-governance perspective to acknowledge that privacy and other legal frameworks do coexist, and as a result, data and personal data in particular can be subject to multiple overlapping rights and obligations. [68] Osborne Clarke (2016), Legal Study on Ownership and Access to Data, A Study prepared for the European Commission DG Communications Networks, Content & Technology, https://publications.europa.eu/en/publication-detail/-/publication/d0bec895-b603-11e6-9e3c-01aa75ed71a1. Once the context is clearly understood, it is much easier to determine how to protect against the threat of disclosure. The question of data ownership was central to this discussion. [76] Ag Data Transparent (2016), Ag Datas Core Principles: The Privacy and Security Principles for Farm Data, http://www.agdatatransparent.com/principles/. [49] Sposito,F. (2017), What do data curators care about? Activities cannot be simply characterised as risky or risk-free. a good that consumers must experience in order to value. This is coherent with the observation above that information derived from data is context dependent and so are thus the risks associated to data re-use. Instead, the court found that the physician, institution or clinic compiling the medical records owns the physical records. [6] Cadwalladr,C. and E.Graham-Harrison (2018), Revealed: 50 million Facebook profiles harvested for Cambridge Analytica in major data breach, The Guardian, https://www.theguardian.com/news/2018/mar/17/cambridge-analytica-facebook-influence-us-election. In 2005, for example, ChoicePoint, a consumer data aggregation company, was the target of one of the first high-profile data breaches involving over 150000personal records.7 The company paid more than USD26million in fees and fines. 41. 153, http://dx.doi.org/10.1016/j.agsy.2017.01.023. 12. This includes the accreditation of trusted users and Accredited Data Authorities (ADAs): Trusted users are the end users of data shared or released by data custodians. Sources: DTP (n.d.[45]), Data Transfer Project, https://datatransferproject.dev/; (DTP, n.d.[46]), DTP Github website, https://github.com/google/data-transfer-project (accessed 5 February 2019). Privacy and IPRs and other legitimate commercial and non-commercial interests need to be protected, otherwise incentives to contribute data and to invest in data-driven innovation may be undermined, in addition to the risks of direct and indirect harm to right holders, including data subjects. [67] Determann,L. (2018), No One Owns Data, UC Hastings Research Paper No. They might not enjoy or even perceive the benefits of disclosing the data they could further use for as yet uncompleted research projects (OECD, 2016[10]). 5 of the World Intellectual Property Organization (WIPO) Copyright Treaty: Compilations of data or other material, whether in machine-readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creation shall be protected as such [].36 The arrangement or selection thus provides a separate layer of protection without prejudice to any rights to the content of the database itself. It then uses service specific adapters to transfer that data into a common format, and then back into the new services API. In other words, comparing batch processing vs. stream processing, we can notice that batch processing requires a standard computer specification. Also, many organisations still tend to approach privacy solely as a legal compliance issue. With the increasing use of APIs, which are implemented via software code, copyrights have gained further in importance as legal means for controlling data access and re-use (see subsection Data-access control mechanisms: Protecting the interests of data holders in Chapter 2). [19] Kaye,J. etal. [61] Mayer-Schnberger,V. and T.Ramge (2018), A Big Choice for Big Tech: Share Data or Suffer the Consequences, Foreign Affairs September/October 2018 Issue, http://www.foreignaffairs.com/articles/world/2018-08-13/big-choice-big-tech. fixing prices. [87] Hofheinz,P. and D.Osimo (2017), Making Europe a Data Economy: A New Framework for Free Movement of Data in the Digital Age, http://www.lisboncouncil.net//index.php?option=com_downloads&id=1338. Active community engagement can help allocate responsibilities and define the acceptable risk levels. Digital security and the protection of IPRs, as well as national security and law enforcement, are grounds for restricting cross-border data flows. [12] The Expert Group on Data Ethics (2018), Data for the Benefit of the People: Recommendations from the Danish Expert Group on Data Ethics, https://eng.em.dk/media/12209/dataethics-v2.pdf. [62] Villani,C. (2018), For a Meaningful Artificial Intelligence: Towards a French and European Strategy, AI For Humanity, http://www.aiforhumanity.fr/pdfs/MissionVillani_Report_ENG-VF.pdf. The following subsections discuss the extent to which existing legal and regulatory frameworks affect the rights to control access, copy, use and delete data. OECD iLibrary At the Copenhagen Expert Workshop, for example, experts highlighted that data portability could increase the level of security and privacy risks because data would be more likely to be accessed and shared inappropriately by a third party. 78/No. [50] Wallis,J. etal. [9] Nissenbaum,H. (2004), Privacy as Contextual Integrity, Washington Law Review, Vol. One important aspect is trust in the objectivity of the data. 2. [8] Otaka,T. (2015), Japan Pension Service hack used classic attack method, The Japan Times, http://www.japantimes.co.jp/news/2015/06/02/national/social-issues/japan-pension-service-hack-used-classic-attack-method. The data processing cycle consists of a series of steps where raw data (input) is fed into a system to produce actionable insights (output). right to restriction of processing, right to data portability) (Banterle, 2018[81]; Drexl, 2018[82]; Purtova, 2017[83]). As Olenski (2018[98]) notes: Measuring and benchmarking data quality and accuracy in digital continues to be a hurdle. Recognising and responding to the ethical dimension of research is a fundamental part of the research governance process (OECD, 2016[10]). Limited transparency also increases the risk of information asymmetry and thus the risk of consumer detriments. Case studies discussed at the Copenhagen Expert Workshop and the Stockholm Open Government Workshops confirmed that even when made available through open access, there was no guarantee that data would be re-used effectively. The overall raison d'tre for the group was that data ethics should become a competitive advantage rather than a barrier for Danish and European companies in the global marketplace. Once linked with sufficient other information, the likelihood that an individual will possess certain characteristics can be predicted to build a profile. A significant share of the global volume of data and its processing will rarely be located within just one national border. (2015), How To Approach Data Ownership InAgTech?, https://medium.com/remote-sensing-in-agriculture/how-to-approach-data-ownership-in-agtech-486179dc9377. The National Data Advisory Council (NDAC) will advise the NDC on ethical data use, community expectations, technical best practice, and industry and international developments. [84] Hess,C. and E.Ostrom (eds.) The tensions between farmers and agriculture technology providers (ATPs) in the United States illustrates current issues related to data ownership (Box4.7). In order to balance these benefits with the risks and enhance trust in data sharing and re-use, the issues paper on the DS&R legislation (Department of the Prime Minister and Cabinet [Australia], 2018[1]) proposes a number of institutional arrangements, including: The Office of the National Data Commissioner (NDC) will provide oversight and regulation of the new data-sharing and release framework, including monitoring and reporting on the operation of the framework and enforcing accompanying legislation. It was motivated by the recognition that portability and interoperability are central to innovation. (2015), Dynamic consent: a patient interface for twenty-first century research networks, European Journal of Human Genetics, Vol. As Johnson et al. Distributed Database Systems is a kind of DBMS where databases are present at different locations and connected via a network. Accessibility reflects how readily the data can be located and accessed. [57] Bhattacharya,U., H.Daouk and M.Welker (2003), The World Price of Earnings Opacity, The Accounting Review, Vol. Data breaches are not limited to the private sector, as evidenced by the theft in2015 of over 21million records stored by the US Office of Personnel Management, including 5.6million fingerprints, and by the Japanese Pension Service breach that affected 1.25million people (Otaka, 2015[8]). Difficulty in accessing the data. [64] Swire,P. and Y.Lagos (2013), Why the Right to Data Portability Likely Reduces Consumer Welfare: Antitrust and Privacy Critique. Examples include supervised research data centres, where authorised researchers analyse data within a physically secure location; and secure remote data access services, where authorised researchers enter a secure portal (OECD, 2013[100]; OECD, 2016[10]). Data curation embodies data-management activities necessary to assure long-term data quality across the data life cycle, is needed to assure to sustainability of data-related investments. 3, pp. Data stewards sometimes even lack skills to apply the relevant standards for data curation (OECD, 2018[40]). The provision of open data through data markets and platforms raises however other challenges, given that open data are expected to be provided for free as is often the case for public-sector data and research data generated from public funding. The case of Cambridge Analytica discussed above illustrates this risk: personal data of Facebook users was used, not for academic purposes as some users had consented to, but for a commercially motivated political campaign, and this although Facebook explicitly prohibits data to be sold or transferred to any ad network, data broker or other advertising or monetisation-related service (Granville, 2018[5]).9. Some countries will not consider any foreign applications; some will consider only applications for access to de-identified personal health data; while others will consider the approval of the sharing of identifiable personal health data if there is a strong justification for the project. [10] OECD (2016), Research ethics and new forms of data for social and economic research, OECD Science, Technology and Industry Policy Papers, No. There have been calls in the past for enhancing transparency in data markets, partly motivated by empirical work showing that high levels of transparency in markets are found to be associated with lower risk and costs of capital and higher trading volumes or liquidity (PriceWaterhouseCoopers, 2001[56]; Bhattacharya, Daouk and Welker, 2003[57]). The functioning of data markets and platforms is also challenged by the limitation of data markets to fully serve social demand for data. Use cases for DTP include porting data directly between services for (i)trying out a new service; (ii) leaving a service; and (iii) backing up your data. To address these risks, some countries have started to define and regulate access to data of public interest (see subsection Data of public interest in Chapter 5). 21. See Art. [] Typically, one firm is active in both markets and other firms are active or wish to become active in the downstream market. [56] PriceWaterhouseCoopers (2001), Investigating the costs of opacity: Deterred foreign direct investment. Although, distributed DBMS is capable of effective communication and data sharing still it suffers from various disadvantages are as following below. [7] Hern,A. and D.Pegg (2018), Facebook fined for data breaches in Cambridge Analytica scandal, The Guardian, https://www.theguardian.com/technology/2018/jul/11/facebook-fined-for-data-breaches-in-cambridge-analytica-scandal. One example is Googles General Transit Feed Specification (GTFS), a common format for public transportation schedules and associated geographic information. Lack of data-related skills is an issue across all sectors and may prevent the effective re-use of data, even if made available via open access.

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