\n\tTherefore, it is important to underline in the data management plan that you are aware of the ethical and legal aspects involved in your project and you know how to handle them. <\/span><\/span>\n<\/p>\n \n\tNorms and laws of ethics have an effect on all aspects of data life cycle \u2013 how the data are collected, how it is preserved during the course of the work, who has the rights to access it, which data processing methods are used, and where, in which format and for how long are the data stored after the end of the project.\n<\/p>\n \n\tIt is important to find out the owners of intellectual property rights and copyrights. If some of these rights belong to third parties, you need to sign with them contracts which satisfy all the parties.\n<\/p>\n \n\tAn example: the intellectual property rights of a researcher employed by the university belong to the university, but the intellectual property rights of a student belong to the student. A doctoral student is still a student, thus you should sign a contract with every doctoral student participating in your project, about transferring these rights to the university. This is important regarding the sharing and publishing of data, as well as on the occasion when the doctoral student leaves the university.\n<\/p>\n \n\tIf your research group collaborates with a commercial enterprise, which is not interested in publishing the data, the fact has to be indicated. Point out all factors that limit data sharing, such as the issues of property rights or patent applications.\n<\/p>\n \n\tSee also Licences<\/a>\n<\/p>\n \n\tSpecific issues of copyright are dealt with by the university lawyer, whom you can contact when necessary. The UT lawyer has worked out the following statement about licences of grant results. This is ready for copying into your data management plan:\n<\/p>\n \n\tLicencing in UT:<\/strong>\u00a0\n<\/p>\n \n\t\u2022 The data belong to the University of Tartu. Persons employed for filling the grant will assign the proprietary rights to the results of the research (including the data) performed under the grant agreement to the University with the Employment Contract (academic employees) or with another written document (Act of Assignment of the Intellectual Property Rights).\n<\/p>\n \n\t\u2022 Data will be disclosed under the Creative Commons license CC-BY 4.0\n<\/p>\n \n\t\u2022 A third party, whose data have been used for creating the results of the grant, may set restrictions to the usage of the data. In this case those restrictions must be considered while the data are being licensed, i.e. the university can give the license for the data usage only in the scale of rights allowed by the third person (i. e. the scale of rights that university has received from the third persons)\n<\/p>\n \n\t\u2022 If the University or a third person, whose data have been used for creating the results of the grant, wants to submit a patent or a utility model application, the publishing of the data has to be postponed until the submission of the application.\n<\/p>\n \n\tNew!<\/span> In case you process personal data during youtr research, take a look at the Guide for data protection in research<\/a>:<\/span>\n<\/p>\n \n\tJuurik, M., M\u00e4esalu, T., & Tarkpea, T. (2023).\u00a0Guide for Data Protection in Research<\/i>. University of Tartu; T\u00dc Wiki.<\/span>\n<\/p>\n \n\tProtection of personal data has become especially topical after the implementation of the General Data Protection Regulation on 25.05.2018. Data Processing should follow Data Protection Policy of University of Tartu<\/a>.\u00a0\n<\/p>\n \n\tIn research, especially in social and medical studies, informing of persons under examination and asking for their consent, and the protection of personal data has always been part of the code of conduct for research integrity. This is probably the reason why the Regulation does not restrict the use of personal data in research, historical studies and statistics in the cases where all appropriate legal and technical measures to safeguard the privacy of persons under examination have been applied.\n<\/p>\n \n\t\tPersonal data<\/strong> are all kinds of information about an identified or identifiable natural person. An identifiable natural person is a person who can be directly or indirectly identified by such identification as name, identification number, location information, online identifier, or by one or several physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.\u00a0\n\t<\/p>\n \n\t\tSpecial categories of personal data<\/strong> are data\u00a0revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person\u2019s sex life or sexual orientation.\n\t<\/p>\n \n\t\tProcessing of personal data<\/strong> is any automated or not automated operation performed on personal data or sets of personal data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, reading or use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.\n\t<\/p>\n<\/blockquote>\n \n\tPrinciples of processing personal data<\/strong>\n<\/p>\n \n\t\u00a0\n<\/p>\n \n\tTo illustrate the occasions when restrictions on the collection and preservation of personal data do not apply for research<\/strong>, we point out the long-term targets of genetic research and the first paragraph in the letter of consent for becoming a gene donor (<\/span><\/span>translation of\u00a0consent form in Estonian<\/a>):<\/span><\/span>\n<\/p>\n \n\tThe long-time targets of genetic research are:<\/span><\/span>\n<\/p>\n \n\tIn order to achieve these long-time targets, the gene donor gives their consent:<\/span><\/span>\n<\/p>\n \n\t\u201cI have been informed and I am aware of the following:<\/span><\/span>\n<\/p>\n \n\t1. The aim of the Estonian Genome Project is to establish the Gene Bank, a database that contains data on the health and heredity of the people of Estonia. The Gene Bank can be used only for research, for studying and treating the diseases of gene donors, for studying the public health and for statistical purposes. Research carried out with the help of the Gene Bank shall not be limited to the present scientific level.\u201d<\/span><\/span>\n<\/p>\n \n\tGiving their consent, the gene donor allows the use of their data for different genetic research-related purposes for an unlimited period<\/strong>. If the requirements that personal data can be collected only for a single certain purpose and that the data should be destroyed after the achievement of this purpose, it would make such genetic research, as well as much of other, personal data-based research, entirely impossible. <\/span><\/span>\n<\/p>\n \n\t\u00a0\n<\/p>\n \n\tIn the context of research, we can talk about two\u00a0legal basis for processing personal data.<\/strong>\n<\/p>\n \n\t1.\u00a0A study subject (natural person) has given their consent for processing their personal data<\/strong> for one or several specific purposes.\n<\/p>\n \n\t\tThe consent is a freely given specific, informed and unambiguous indication of the data subject by a statement or a clear affirmative action that they agree to the processing of their personal data.\n\t<\/p>\n<\/blockquote>\n \n\t2.\u00a0Public interest \u00a0(processing without consent).<\/strong>\n<\/p>\n \n\tPublic interest must be substantiated and it must be shown that these interests outweigh the person\u2019s right to private life and the protection of their personal data,\u00a0still using as many organisational and technical measures as possible.<\/span><\/span>\n<\/p>\n \n\tPublic interest<\/strong> could arise, for example, from the Statutes of the University of Tartu, stating that \u201c<\/span><\/span><\/span>The University of Tartu\u00a0is the national university of the Republic of Estonia, a universal integrated research, development, study and culture institution, aiming to advance science and culture, provide the possibilities to acquire higher education based on the development of science and technology on three levels of higher education in the field of humanities, social, medical and natural sciences and to provide public services based on teaching, research and other creative activities\u201d.\n<\/p>\n \n\t\u00a0\n<\/p>\n \n\tTo summarise, the task of the university is to carry out research in the public interest. <\/span><\/span>\n<\/p>\n \n\t\u00a0\n<\/p>\n \n\tPublic interest<\/strong> is often the basis for secondary research, where the data has been collected by consent for one objective, but it may be useful also for some other objective. In this case, it is necessary to assess the effort needed for asking a new consent from all the data subjects. If the effort would be unreasonably massive, you have to contact the Data Protection Inspectorate and\/or Research Ethics Committee and apply for a substantiated permission for a new study.\n<\/p>\n \n\tThe homepage of the <\/span><\/span>Research Ethics Committee of the University of Tartu<\/a> has guidelines and application forms for correct procedures. It is necessary to know that the permission from the Committee needs to be received prior to the start of the research, it is not granted retrospectively.<\/span><\/span>\n<\/p>\n \n\tA brief overview about the ethical aspects of research which should be taken into account can also be found on the web page of the Estonian Research Council:\u00a0<\/span><\/span><\/span>Guidelines for Completing Your Ethics Self-Assessment for Grant Application.<\/a>\n<\/p>\n \n\tData management plans should pay special attention to the processing of personal data when working with sensitive personal data, and with children or minority groups. <\/span><\/span>\n<\/p>\n\n
\n\tIntellectual property right, copyright and licences
\n<\/h3>\n\n\tProtection of Personal Data
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