Skip to Main content Skip to Navigation
Preprints, Working Papers, ...

The legal and policy framework for scientific data sharing, mining and reuse

Abstract : Legal aspects of data sharing matter to at least three decision-making areas, all depending on access to publicly funded research: scientific and innovation policy; databases, publishing platforms, repository and data mining applications producers; public sector information and open data movements. The topic of open data was discussed in the European Parliament with the vote in March 2013 of the Horizon 2020 EU programme for research and innovation, which contained a part on open access to publication and scientific results. The European Commission consultation Licenses for Europe, with stakeholders proposing to create a new exception for users, and others to create a new revenue stream for publishers, revealed similar opposition than other copyright-related issues. At the same time, UK made progress towards open access by developing the Gateway to Research portal and requiring Open Access for certain research outputs to be considered in evaluation policies, while Spain, Argentina, Italy, Germany and Peru voted laws to mandate Open Access. Considering the scientific data ecosystem in its entirety gives the opportunity to study the question of scientific data, from its creation by researchers to its access and reuse by students, citizens, public bodies, NGOs and companies. Therefore, this paper will combine a presentation of the legal framework governing the creation and the usage of data, the policy options from all rights reserved to unlimited reuse, and the requirements of platforms and applications to process scientific data, perform queries, data mining, visualization or other analysis tasks without restrictions. Above mentioned examples from the European and Latin American countries moving forward Open Access to scientific publication and in some cases data will together illustrate tendencies and controversies around scientific data sharing and reuse policies. As for methodology and definition of scope, the legal and policy framework is understood not only as the set of laws and contracts governing the access to and reuse of data (regulation by law), but also the opportunities and restrictions embedded in the technical architecture (regulation by technology) hosting the data. While the article focuses of scientific data, such analysis and conclusions are also applicable to public sector information and citizen data as they can also be used by researchers.
Document type :
Preprints, Working Papers, ...
Complete list of metadata
Contributor : Melanie Dulong de Rosnay <>
Submitted on : Tuesday, February 10, 2015 - 1:41:00 PM
Last modification on : Monday, February 24, 2020 - 11:38:12 AM
Long-term archiving on: : Monday, May 11, 2015 - 10:35:17 AM


Files produced by the author(s)


Distributed under a Creative Commons Attribution 4.0 International License


  • HAL Id : halshs-01115009, version 1



Melanie Dulong de Rosnay. The legal and policy framework for scientific data sharing, mining and reuse. 2013. ⟨halshs-01115009⟩



Record views


Files downloads