Short presentation of the issues under discussion in Session 2 of the workshop "Data Protection Issues for Trusted Digital Repositories: Challenges and Solutions", which primarily examined the challenges facing data repositories in meeting ethical and legal requirements of archiving research data. This was presented on the 16th of January, 2014 at the "Data Protection Issues for Trusted Digital Repositories: Challenges and Solutions" at the Royal Irish Academy.

1. Data protection issues for organizations
Jane Gray
Principal Investigator (Social Sciences)
Digital Repository of Ireland
National University of Ireland Maynooth

2. Data protection issues for data repositories
Three challenges:
• Different ethical values and standards across disciplines
and data communities
• Changing European environment for data protection,
research infrastructures and data repositories
• Limitations on capacity of data repositories to vindicate
agreements with depositors and ethical obligations to
research participants
DRI Presentation

3. Different ethical and value standards
Challenge for federated infrastructure such as DRI:
• Different understandings of what constitutes personal or
sensitive data
• Different expectations about appropriate audiences
• Different approaches to meeting conflicting demands of
openness and personal privacy
• Will be addressed within policy development cycle of DRI
- we welcome your comments and suggestions!
DRI Presentation

4. Changing European environment for data
protection
Impetus towards a unified data protection
framework in Europe:
• Context of uneven implementation of existing guidelines
• Proposed “General Data Protection Regulation” would be
binding and applicable to all member states
• Anticipated to take effect in 2016
• Ongoing controversy and debate regarding extent to
which derogations for historical, statistical and scientific
research will be retained
DRI Presentation

5. Vindicating depositor agreements
Ethical and legal obligations may come into
conflict, for example when guarantees of
confidentiality and anonymity cannot be met
• Potential for „chilling effect‟ on research and mistrust of
data repositories
• Requirement for repositories to have clear guidelines
• Advocacy role for repositories and research
infrastructures?
DRI Presentation

6. Further reading
DASISH report on legal and ethical issues
• http://dasish.eu/publications/projectreports/D6.1_final.pdf/
DRI Presentation