Guides thématiques
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Compliance with GDPR, Loi Lemaire and Intellectual Property Law ;
Dissemination licenses authorizing re-use clearly affixed ;
Data paper explaining the implications of the dataset drafted.
Cyril Heude/Romain Couturier
Sciences Po provides you tools dedicated to compliance and processing security and carries out information, awareness and support actions to ensure compliance with regulations. PhDs: because you do not have access rights to the intranet, you can request access to these documents from the general secretary of your laboratory or contact us.
The processing of personal data is part of a French and European legal framework for data protection. Its objective is to strengthen the rights of individuals and to empower the actors who are responsible for ensuring and justifying the compliance and security of personal data processing throughout its life cycle.
► What is personal data?
Any information relating to a natural person who can be identified, directly or indirectly, is personal data, regardless of whether the information is confidential or public. In order for such data to be no longer considered personal, they must be made anonymous in such a way as to make it impossible to identify the data subject. Warning: if it is possible to identify a person by cross-checking several pieces of information (age, sex, city, diploma, etc.) or by using various technical means, the data are always considered personal.
Registering the personal data processing
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Consent form
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Data processing declaration: register of the DPO Nawale Lamrini.
Data protection impact analysis - DPIA (if you process highly sensitive data): The project is likely to give rise to a high risk for the rights and freedoms of individuals, given its nature, scope, context and purposes? Before declaring processing, the data controller carries out an analysis of the impact of the planned processing operations on the protection of personal data (Obligation Art. 35 RGPD).
How can you find out if your project needs to go through the DPIA process? Click here.
To do so: a Data Protection Impact Assessment (DPIA) template.
A practical guide from the CNIL on data retention obligations.
Last but not least: the dataguidance website contains fact sheets on data protection regulations in over a hundred countries.
Your contact: dpo@sciencespo.fr
Scientific integrity and ethics
Appointed for a four-year term by the Scientific Director, the Scientific Integrity Officer implements the establishment's scientific integrity policy, draws up prevention and handling procedures, and supports the academic community in managing ethical risks in research. Their main tasks are to raise awareness and provide training, support and advice, issue ethical opinions, manage the risk of conflicts of interest in research, and deal with allegations of breaches of scientific integrity.
Alain Chenu, emeritus university professor, sociologist, was appointed RIS of Sciences Po in September 2021.
Your contact: integrite.scientifique@sciencespo.fr
► Sciences Po has set up a research ethics committee (CDR) to ensure that research projects comply with the ethics policy it has set. The committee decides on ethical issues outside the GDPR, on research projects funded by national, European and international donors only. It is not able to process requests from doctoral students, for example. A project is underway to appoint a scientific referent on these issues and to draft a charter of ethics for research.
Your contact: Marinela Popa-Babay
National open data policy: mutual assistance between researchers, saving time and money, avoiding plagiarism, promoting the discovery of unsuspected subjects and... responding to an obligation of research funders (return on investment ). Playing the game can qualify you to apply for Open Science/data prizes, like your colleagues Laura Morales or Célia Bouchet.
2016 is the start year of the Lemaire Law for a digital Republic. Art. 30: The publisher of a scientific document may not limit the reuse of research data made public in the context of its publication. The principle of openness applies particularly to data whose publication is of economic, social, health or environmental interest. The Lemaire law therefore enacts the principle of openness by default of public research data.
Two guides to analyzing the legal framework for open-science research data in France:
Cécile Arènes, Lionel Maurel, Stephanie Rennes. Guide d’application de la Loi pour une République numérique pour les données de la recherche. Comité pour la science ouverte. 2022. ffhal-03968218f
Becard, N., Castets-Renard, C., Chassang, G., Dantant, M., al. (2017). Ouverture des données de la recherche. Guide d'analyse du cadre juridique en France. 45 p., DOI:10.15454/1.481273124091092E12
Data intellectual property is not that simple. Who owns the researchers' data? Researchers or their institution? Raw data is said to be free-range, and therefore unprotected. On the other hand, the structure of the databases is subject to a 15-year protection “sui generis right of databases”. This does not affect patents, image rights or privacy rights.
The decision tree of the Ecole des Ponts allows you to know your rights and conditions apply according to your case.
► Your contact (intellectual property, contracts, agreements...) in the legal department
Romain Barberaud, Imane Kadraoui
In a contract for the assignment of rights to a publisher, for example, the author does not assign his moral rights (paternity, disclosure, withdrawal): the researcher is always the creator of the survey he has conducted, no one can reclaim their work. On the other hand, they can assign all or part of their economic rights (representation, reproduction) of the work to a third party: a publisher for example. A few expectations:
The author authorizes the use of certain patrimonial prerogatives to a third party in a non-exclusive manner. This third party does not, however, hold the rights to the work; what is yielded is:
►Right to reproduce data
►Right to reuse data
►Right to use data for commercial or non-commercial purposes
►Share data alike.
Licences Etalab: the open license is designed by Etalab to facilitate and encourage the use of public data made available free of charge. This open license for the dissemination of French public data aims to disseminate data acquired with public funds: reproduction, modification, commercial use are permitted if the attribution statement and the date of the last update are specified.
Ex: datasets in data.gouv.fr.
The objective of data.gouv.fr is to bring together information in a public platform of specialized, clearly identifiable and labeled data and thus to fight against the risks of erasing the boundaries hitherto fairly clear between public, official, private and general public and facilitate Internet searches.
Lawrence Lessing, the creator of the Creative Commons license (see below), underlines the risk of contesting the slightest decision or line of public expenditure by interest groups and the risk of data traffic and orientation depending on the expectations of the data producer.
The best known, the Creative Commons licenses, created by the lawyer Lawrence Lessing, make it possible to grant reproduction rights to the person who consults your resource. It enriches copyright, which applies by default:
Remarks:
Creative Commons is a non-profit organization.
The OKF Open Knowledge Foundation Licenses are more database oriented:
ODC-by license: Open Database Commons: equivalent CC-by: indicates the name of the creator of the original database. It is used by the Pensoft editor.
ODC-ODBL Open database License: CC-SA equivalent
PDDL Public domain dedication and license: CC-O equivalent
It does not affect patents, image rights or the right to privacy.
Licence GNU General Public License: for free softwares and programs.
More info:
Data papers are the fusion of publications and data to boost your evaluations and your career. It is an article with a precise structure, peer reviewed in the reading committee, with figures, diagrams, and the protocol, the context of production of the data. Published in a classic scientific journal publishing different forms of articles including data papers or in a data journal, a journal containing exclusively data papers. Examples: Data in brief, Research Data Journal for the humanities and social sciences.
The proofreading criteria are commonly known: general quality of the manuscript, appropriate citations, compliance with the instructions.
The data paper informs on the availability of the dataset, shows its originality and its potential for reuse; it makes the data intelligible. It provides access to data via permanent hyperlinks. It does not contain assumptions, elements of interpretation or conclusions of analysis. It can be very concise or very comprehensive.
The data paper describes the research protocol. It describes the context in which the data is obtained, the reliability of the data. It is a sort of extension of "read me"/"lisez-moi" files associated with the datasets or the data dictionnaries.
The data paper provides additional recognition for work in progress (citable article). However, the citation remains the basic element of the (quantitative) evaluation of research. The data paper allows the author to be highlighted as a creator and manager of data insofar as in fact, the data is cited less than the articles.
Data papers indicate the permanent identifier affixed to the dataset by the registration in a database such as data.sciencespo.
► The potential for reusability of your data by other researchers can be a major argument in convincing an editor to accept your data paper.
