Data Terms of Use

Overview

Teaching: 10 min
Exercises: 15 min

Questions

• 1 What are Data Terms of Use?

• 2 What a Data Terms of Use statement must contain?

• 3 What format should Data Terms of Use be?

• 4 Are there standard Licenses we can pick up from?

Objectives

• The participant will understand what data terms of use are with examples.

• The participant will be able to create basic data terms of use.

FAIR principles used in Data Terms of Use:

Accessible

FM-A2 (Metadata Longevity) → doi.org/10.25504/FAIRsharing.A2W4nz

Reusable

FM-R1.1 (Accessible Usage License) → doi.org/10.25504/FAIRsharing.fsB7NK

1 What are Data Terms of Use?

Data Terms of Use is a textual statement that set the rules, terms, conditions, actions, legal considerations and licences that delineate data use.

An example is:
The World Bank - Terms of Use for Datasets → LINK TO EXAMPLE

Looking at the example, we can identify general elements in the Data Terms of Use statement. For instance, a broad description of the data is referred to, but also under what type of license the user is allowed to reuse.

Sometimes as part of our research, we use commercial databases. We should be careful always to read the conditions for using it for research purposes An example is:
Terms of Use - Numbeo.com → LINK TO EXAMPLE
We can see that clause 3 of Licensing of content requests work attribution.

2 What a Data Terms of Use statement must contain?

As a general rule is that a Data Terms of Use statement must contain at least the following:

Nevertheless, depending on the use case, the “Data Terms of Use” statement can be extended by adding specific clauses when complex data, multiple databases or sensitive data are involved. After all, the “Data Terms of Use” statement is the legal basis of the referred data source. i.e. in the light of public law, you can make someone liable for not complying with specific clauses of the statement.

Moreover, sometimes our work is conducted within the context of a greater scientific funded project. Therefore, it is always recommended to check with the Principal Investigator or Project Manager whether the Data Terms of Use statement is to be defined or if there is already a Data Policy framework.

An example is:
Policy for use and oversight of samples and data arising from the Biomedical Resource of the 1958 Birth Cohort (National Child Development Study) → LINK TO EXAMPLE

• Link to the original Data Policy

This policy framework creates comprehensive guidelines on handling data for that specific study involving children’s data. Therefore, the researchers working underneath the project do not have to make new Data Terms of Use.

“Data Terms of Use” statement is the legal basis of the referred data source

In the light of public law, you can make someone liable for not complying with specific clauses of the statement.

3 What format should Data Terms of Use be?

The Data Terms of Use is a plain text statement. This text has the length and depth that the data owner or data manager sees fit. There is no right or wrong when drafting it. Usually is recommended to store this textual statement in a README file, using an accessible format, for example, .txt, .md or .html so that any user can read it without needing any additional software.

The Data Terms of Use is a plain text statement written in a machine-friendly format

The “Data Terms of Use” can be drafted using any application (e.g. MS Word). However, it’s important to store it in a machine-friendly format such as .txt or .md

Any text editor software would do the trick, such as Notepad++ or Sublime Text, but also you can write it using Microsoft Word or Google Docs and save it as .txt

Exercise - Level Medium 🌶🌶

1. Visit the landing page of the following terms of use github.com/CityOfPhiladelphia/terms-of-use/blob/master/LICENSE.md
2. Can you tell what type of data it is about?
3. Can you tell in what format the terms of use are written?
4. What platform are they using to put it?

Solution

• Refers to the public code on which the large city of Philadelphia government is based (https://www.phila.gov/)
• The format is Markdown (.md)
• They used Github to put the LICENSE.md file, which is the Data Terms of Use.

The Data Terms of Use needs to be in the same root folder as the data source. When it comes to a database - like the World Bank example - it should be findable on the project’s website. Moreover, if there is no official project website, you should include it in .md format in a Github repository like the following example: → LINK TO EXAMPLE

In Episode 4 (Data Archiving), we will explore that some data repositories such as DataverseNL allow you to create a Data Terms of Use statement directly on the platform when you create a data project.
By default, you get a waiver License CC0 “No Rights Reserved”. Putting a database or dataset in the public domain under CC0 is a way to remove any legal doubt about whether researchers can use the data in their projects. Although CC0 doesn’t legally require data users to cite the source, it does not affect the ethical norms for attribution in scientific and research communities. Moreover, you can change this waiver to a tailored Terms of Use you have created for your data.

Exercise - Level Easy 🌶

Is it possible to edit the Terms of Use in DataverseNL?

Go to DataverseNL/ to the FAQ section t find out.

Solution

Yes, it is possible. However, you can’t choose it at the beginning. After creating a dataset, go to the ‘Terms’ tab on your dataset page and click ‘Edit Terms requirements’. Next, select the radio button ‘No, do not apply CC0 public domain dedication’, and fill in the text fields with your terms and conditions.

Dataverse also provides Sample Data Usage Agreement → LINK

4 Are there standard Licenses we can pick up from?

Yes, there are two general License frameworks that can work for data.

• Creative Commons (CC)
• Open Data Commons (ODC)

Creative Commons (CC) provides several licenses that can be used with a wide variety of creations that might otherwise fall under copyright restrictions, including music, art, books and photographs. Although not tailored for data, CC licenses can be used as data licenses because they are easy to understand. Its website includes a summary page HERE outlining all the available licenses, explained with simple visual symbols.

Open Data Commons (ODC) provides three licenses that can be explicitly applied to data. The web pages of each of these licenses include human-readable summaries, with the ramifications of the legalese explained in a concise format.

Exercise - Level Easy 🌶

Pick up a License at creativecommons.org with the following conditions:

• Others cannot make changes to the work since it’s simulation data
• If someone wants to use the simulation data for a startup, they can Question: What type of license is it?

Solution

Attribution-NoDerivatives 4.0 International

Discussion

Real case:
The Swedish DPA (Integritetsskyddsmyndigheten) fined Umeå University SEK 550,000 (EUR 54,000) as a result of its failure to apply appropriate technical and organizational measures to protect data. As part of a research project on male rape, the university had stored several police reports on such related incidents in the cloud of a U.S. service provider. The reports contained the names, ID numbers and contact details of the data subjects, as well as information about their health and sex lives, alongside information about the suspected crime LINK TO CASE

• Discuss with your team how using legal instruments (in the context of the research) such as data terms of use or data protection impact assessment can be helpful in such situations.
• Do you consider GDPR as a hinder to collecting qualitative data and making it FAIR?

Key Points

• The Data Terms of Use statement is the legal basis of the referred data source

• A License is the bare minimum requirement for Data Terms of Use.

• If a standard License does not fit your project then you can use Terms of Use layouts e.g. Sample Data Usage Agreement