Understanding the Legal Implications of Data Sharing, Access and Reuse in the Australian Research Landscape

Abstract

In today’s world, researchers are increasingly involved in data-intensive research projects that cut across geographic and disciplinary borders.5 Quality research now often involves virtual communities of researchers participating in large-scale web-based collaborations, opening their earlystage research to the research community in order to encourage broader participation and accelerate discoveries.6 The result of such large-scale collaborations has been the production of ever-increasing amounts of data. In short, we are in the midst of a data deluge.7 Accompanying these developments has been a growing recognition that if the benefits of enhanced access to research are to be realised, it will be necessary to develop the systems and services that enable data to be managed and secured.8 It has also become apparent that to achieve seamless access to data it is necessary not only to adopt appropriate technical standards, practices and architecture, but also to develop legal frameworks that facilitate access to and use of research data.9 This chapter provides an overview of the current research landscape in Australia as it relates to the collection, management and sharing of research data. The chapter then explains the Australian legal regimes relevant to data, including copyright, patent, privacy, confidentiality and contract law. Finally, this chapter proposes the infrastructure elements that are required for the proper management of legal interests, ownership rights and rights to access and use data collected or generated by research projects.