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Audio-visual (AV) data >> Legal approval >> Requirements to notify data protection authorities before data collection
According to the Danish Act on Processing of Personal Data, processing of individuals’ purely private matters[1] in a research or statistics project must be notified to the Danish Data Protection Agency and must obtain the agency’s authorization (cf. Article 10 and 50). The Data Protection Agency imposes a number of conditions in addition to the general provisions of the law that must be observed when conducting the project.
Audio-visual (AV) data >> Ethical approval >> Requirements to acquire approval from an ethics committee
According to the Act on Research Ethics Review of Health Research Projects, any health research project must be notified to the system of research ethics committees (cf. Section 14 2-5).
Audio-visual (AV) data >> Informed consent >> Conditions for consent
In the Danish Act on Processing of Personal Data there are a number of different conditions legitimatizing the processing of personal data, treated as open alternatives. Thus, the data controller is not required to obtain consent of the data subject if one of the other conditions applies, even though getting consent would be practical and not inappropriate. The conditions regarding the processing of sensitive data and strictly private data are more severe than those applying to other data.
Audio-visual (AV) data >> Legal approval >> Requirements to acquire approval from data protection authorities
Obligation to notify According to the Norwegian Personal Data Act, a data controller is obligated to notify the Data Protection Authority in Norway before processing personal data by automatic means or establishing a manual personal data filing system which contains sensitive personal data (cf. Article 31). [1]  The notification duty applies whether or not the data subjects have given their consent to the processing.  
Audio-visual (AV) data >> Ethical approval >> Requirements to acquire approval from an ethics committee
The National Committee for Research Ethics in the Social Sciences and the Humanities (NESH) The National Committee for Research Ethics in the Social Sciences and the Humanities (Den nasjonale forskningsetiske komité for samfunnsvitenskap og humaniora (NESH)) works at a policy level by setting guidelines and general statements for research in social sciences, law, humanities and theology, and is also available to safeguard ethical considerations in specific projects.
Audio-visual (AV) data >> Informed consent >> Conditions for consent
Consent as main condition In the Norwegian Personal Data Act, consent remains the main condition for processing personal data. According to the Personal Data Act there is, however, a legal possibility to exempt the processing of personal data from consent if the processing is necessary to perform a task in the public interest (cf. Article 8 d), and the processing of sensitive personal data is necessary for historical, statistical or scientific purposes and the public interest clearly exceeds the possible disadvantages for the data subjects (cf. Article 9 h).
Audio-visual (AV) data >> Preservation >> Conditions for preservation
Conditions for preservation The conditions for the processing and treatment of personal information are laid out in Articles 8 and 9 of the Norwegian Personal Data Act. There, it is stated that personal information can only be processed if the data subject has consented the access to such treatment is provided by law, or the treatment / processing is needed and fulfills a set of specified criteria (cf. Article 8, letters a-f and Article 9, letters a-h).
Audio-visual (AV) data >> Access an reuse >> Conditions for access and reuse
Consent as main condition The main condition for access and reuse of audio-visual data is informed consent of the data subject. See Conditions for consent and Conditions for preservation/ The Doctor-Patient-Corpus
Survey data >> Legal approval >> Requirements to acquire approval from data protection authorities
Obligation to notify According to the Norwegian Personal Data Act, a data controller is obligated to notify the Data Protection Authority in Norway before processing personal data by automatic means or establishing a manual personal data filing system which contains sensitive personal data (cf. Article 31). [1]  The notification duty applies whether or not the data subjects have given their consent to the processing.  
Survey data >> Ethical approval >> Requirements to acquire approval from an ethics committee
The National Committee for Research Ethics in the Social Sciences and the Humanities (NESH) The National Committee for Research Ethics in the Social Sciences and the Humanities (Den nasjonale forskningsetiske komité for samfunnsvitenskap og humaniora (NESH)) works at a policy level by setting guidelines and general statements for research in social sciences, law, humanities and theology, and is also available to safeguard ethical considerations in specific projects.
Survey data >> Informed consent >> Conditions for consent
Consent as main condition In the Norwegian Personal Data Act, consent remains the main condition for processing personal data. According to the Personal Data Act there is, however, a legal possibility to exempt the processing of personal data from consent if the processing is necessary to perform a task in the public interest (cf. Article 8 d), and the processing of sensitive personal data is necessary for historical, statistical or scientific purposes and the public interest clearly exceeds the possible disadvantages for the data subjects (cf. Article 9 h).
Survey data >> Preservation >> Conditions for preservation
Conditions for preservation The conditions for the processing and treatment of personal information are laid out in Articles 8 and 9 of the Norwegian Personal Data Act. There, it is stated that personal information can only be processed if the data subject has consented the access to such treatment is provided by law, or the treatment / processing is needed and fulfills a set of specified criteria (cf. Article 8, letters a-f and Article 9, letters a-h).
Survey data >> Access an reuse >> Conditions for access and reuse
Consent as main condition The main condition for access and reuse of Survey data is informed consent of the data subject.  See Conditions for consent The reuse of personal data for a different purpose than the original one must be assessed according to the provisions §§ 8 and 9 of the Data Protection Act. If the data that is sought to be reused was originally collected on the basis of consent (cf. §§ 8a, 9a), the reuse of data is restricted according to what the participants have consented to and been informed about.
Web data >> Legal approval >> Requirements to acquire approval from data protection authorities
  Obligation to notify   The Personal Data Act is technology neutral (Segadal 2013). It is not necessarily adapted and updated with regard to technological development, and relates to the processing of personal data irrespective of source. The requirements to notify or acquire approval therefore apply even when harvesting personal data from e.g. a publicly available social media source on the Internet. 
Web data >> Ethical approval >> Requirements to acquire approval from an ethics committee
The National Committee for Research Ethics in the Social Sciences and the Humanities (NESH) The National Committee for Research Ethics in the Social Sciences and the Humanities (Den nasjonale forskningsetiske komité for samfunnsvitenskap og humaniora (NESH)) works at a policy level by setting guidelines and general statements for research in social sciences, law, humanities and theology, and is also available to safeguard ethical considerations in specific projects.
Web data >> Informed consent >> Conditions for consent
Consent as main condition In the Norwegian Personal Data Act, consent remains the main condition for processing personal data. Other criteria for the processing of data are seen as exceptions, and consent is usually given priority unless there are strong arguments to do otherwise (Kvalheim 2004).
Web data >> Preservation >> Conditions for preservation
Conditions for preservation The conditions for the processing and treatment of personal information are laid out in Articles 8 and 9 of the Norwegian Personal Data Act. There, it is stated that personal information can only be processed if the data subject has consented the access to such treatment is provided by law, or the treatment / processing is needed and fulfills a set of specified criteria (cf. Article 8, letters a-f and Article 9, letters a-h).
Web data >> Access an reuse >> Conditions for access and reuse
Consent as main condition The main condition for access and reuse of Web data is informed consent of the data subject.  See Conditions for consent The reuse of personal data for a different purpose than the original one must be assessed according to the provisions of §§ 8 and 9 in the Data Protection Act. If the data that is sought reused originally was collected on the basis of consent (cf. §§ 8a, 9a), the reuse of data is restricted according to what the participants have consented to and been informed about.
Audio-visual (AV) data >> Copyright >> Re-using copyrighted data
EU Law establishes that copyright expires 70 years after the death of the copyright owner. Thus, when using audio-visual data, the most important issue is establishing whether or not the data is copyrighted and who is the copyright owner. Article 2 of the Directive 2006/116/EC, establishes that “the principal director of a cinematographic or audiovisual work shall be considered as its author or one of its authors. Member States shall be free to designate other co-authors”. Thus, the copyright owner in this case will be principal director of the work.
Audio-visual (AV) data >> Copyright >> Re-using data with expired copyright
In principle, in those cases in which the Copyright has expired audio-visual data can be used freely. After this time has elapsed, the data can be freely re-used provided that there are no agreements regulating its use. In those cases in which the data was published under a license, the usage has to be compliant with the provisions established in it.
Audio-visual (AV) data >> Copyright >> Re-using data with expired copyright
In principle, in those cases in which the Copyright has expired audio-visual data can be used freely. After this time has elapsed, the data can be freely re-used provided that there are no agreements regulating its use. In those cases in which the data was published under a license, the usage has to be compliant with the provisions established in it.
Audio-visual (AV) data >> Copyright >> Re-using copyrighted data
According to the Norwegian Copyright Act (åndsverkloven), the copyright of works expires 70 years after the death of the author. However, determining the authorship of audio-visual data may not be straightforward. It is important to distinguish between those cases in which people record texts prepared by researchers, texts that others have written, as well as when they improvise their own speech. The owner of copyright in this case is the author of the text. In those cases in which more than one person has contributed to the text, it could be considered a joint work.
Audio-visual (AV) data >> Copyright >> Re-using data with expired copyright
In principle, in those cases in which the Copyright has expired audio-visual data can be used freely. After this time has elapsed, the data can be freely re-used provided that there are no agreements regulating its use. In those cases in which the data was published under a license, the usage has to be compliant with the provisions established in it.
Audio-visual (AV) data >> Copyright >> Re-using copyrighted data
According to the British Copyright, Designs and Patent Act, in order to use (copying, adapting, sharing, processing…) copyrighted works in the United Kingdom, the permission of the copyright owner shall be obtained. This may be proven challenging, especially when dealing with complex copyright works. When the copyright owner is either unknown or cannot be located, such works may be referred to as orphan works. Orphan works cannot be re-used unless the use is covered by an existing exception to copyright.
Text data >> Informed consent >> Conditions for consent
Prior to using any kind of textual data, it is important to be sure that the texts are free of copyright. If that is not the case, the copyright owner shall be contacted pursuing an agreement to grant research access to the text. Such an agreement will establish what can and cannot be done with the textual data. If the copyright owner wishes to do so, the resource may be licensed, so that future access and (re-)use of the material can be done without necessarily signing a new agreement.
Text data >> Preservation >> Conditions for preservation
Data preservation may include transferring data, e.g., from a researcher to a repository; the data storage and access management in that repository; and the process of sharing and (re-)using data stored in the repository (DASISH 2014a). According to the European Commission recommendations (EC 2012), Member States shall define “clear policies for dissemination of and open access to scientific publications resulting from publicly funded research. These policies should provide for: -          concrete objectives and indicators to measure progress;
Text data >> Informed consent >> Conditions for consent
Prior to using any kind of textual data, it is important to be sure that the texts are free of copyright. If that is not the case, the copyright owner shall be contacted pursuing an agreement to grant research access to the text. Such an agreement will establish what can and cannot be done with the textual data. If the copyright owner wishes to do so, the resource may be licensed, so that future access and (re-)use of the material can be done without necessarily signing a new agreement.
Text data >> Preservation >> Conditions for preservation
The Norwegian Archives Act regulates the preservation of works in archives. Data preservation may include transferring data, e.g., from a researcher to a repository; the data storage and access management in that repository; and the process of sharing and (re-)using data stored in the repository (DASISH 2014a). “Personally identifiable information (e.g. list of names, field notes, interview material) shall be stored responsibly for a limited period of time, and then be deleted once it has served its original purpose.” (National Committees for Research Ethics in Norway 2006) References: Norwegian Archives Act (Lov om arkiv (arkivlova)) https://lovdata.no/dokument/NL/lov/1992-12-04-126
Text data >> Copyright >> Re-using data with expired copyright
According to the Norwegian Copyright Act (åndsverkloven), the copyright of text data expires 70 years after the death of its author. The copyright owner in this case is the author of the text. In those cases in which more than one person has contributed to the text, it could be considered a joint work. In this case, copyright expires 70 years after the death of the author who dies the latest. After this time has elapsed, the text can be freely re-used provided that there are no agreements regulating its use.
Text data >> Copyright >> Re-using copyrighted data
In those cases in which the texts where published under a license, the usage has to be compliant with the provisions established in it.
Text data >> Access an reuse >> Conditions for access and reuse
To the extent that research data contain materials, which are not in the public domain and no lawful exception applies, permission needs to be obtained to copy, preserve and distribute the data. For data deposited in repositories, various parties are usually involved, so that in general, two main agreements are required: As advised by the Research Council of Norway, the results of publicly funded research should be made publicly available. If the data contains personal data, new research cannot immediately be carried out on such data. It is advisable to anonymise the data prior to making it available to protect the individual’s freedom and privacy and ensure that data re-use will be possible in the future.  References:
Text data >> Access an reuse >> Reference/citation
Notwithstanding the copyright of the material and the inexistence of a license regulating what can or cannot be done with the materials, the Norwegian Copyright Act establishes some so-called rules for the free usage of copyrighted works. For example, it is allowed to copy published materials for private use after paragraph § 12 of the Norwegian Copyright Act, and after paragraph § 22, it is possible to cite the contents of copyrighted works. As far as citations are concerned, it is only possible to cite a fragment of the work. Although in some cases the need for properly citing the resource might not have been established in the End User License Agreement, it is generally a good practice to cite the copyright owner and/or the resource developer whenever the resource is used.   References: Norwegian Copyright Act: http://lovdata.no/dokument/NL/lov/1961-05-12-2   Glossary terms Term
Text data >> Informed consent >> Conditions for consent
Prior to using any kind of textual data, it is important to be sure that the texts are free of copyright. If that is not the case, the copyright owner shall be contacted pursuing an agreement to grant research access to the text. Such an agreement will establish what can and cannot be done with the textual data. If the copyright owner wishes to do so, the resource may be licensed, so that future access and (re-)use of the material can be done without necessarily signing a new agreement.
Text data >> Preservation >> Conditions for preservation
Data preservation may include transferring data, e.g., from a researcher to a repository; the data storage and access management in that repository; and the process of sharing and (re-)using data stored in the repository (DASISH 2014a). As indicated by the UK Data Archive, before data obtained from research with people can be shared with other researchers or archived, researchers may need to anonymise them so that individuals, organisations or businesses cannot be identified.   References: DASISH (2014). DASISH D6.6: Report about Preservation Policy-Rules (Preservation Challenges).
Text data >> Copyright >> Re-using data with expired copyright
According to Section 12 of the British Copyright, Designs and Patent Act, the copyright of text data expires 70 years after the death of its author. The copyright owner in this case is the author of the text. In those cases in which more than one person has contributed to the text, it could be considered a joint work. In this case, copyright expires 70 years after the death of the author who dies the latest. After this time has elapsed, the text can be freely re-used provided that there are no agreements regulating its use.
Text data >> Copyright >> Re-using copyrighted data
According to the British Copyright, Designs and Patent Act, in order to use (copying, adapting, sharing, processing…) copyrighted works in the United Kingdom, the permission of the copyright owner shall be obtained. This may be proven challenging, especially when dealing with complex copyright works. When the copyright owner is either unknown or cannot be located, such works may be referred to as orphan works. Orphan works cannot be re-used unless the use is covered by an existing exception to copyright.
Text data >> Access an reuse >> Conditions for access and reuse
To the extent that research data contain materials, which are not in the public domain and no lawful exception applies, permission needs to be obtained to copy, preserve and distribute the data. For data deposited in repositories, various parties are usually involved, so that in general, two main agreements are required: If the data contains personal data, new research cannot immediately be carried out on such data. It is advisable to anonymise the data prior to making it available to protect the individual’s freedom and privacy and ensure that data re-use will be possible in the future.   References: UK Government. Copyright Designs and Patent Act 1988: http://www.legislation.gov.uk/ukpga/1988/48
Text data >> Access an reuse >> Reference/citation
Notwithstanding the copyright of the material and the inexistence of a license regulating what can or cannot be done with the materials, it is possible to cite a fragment of a work. Furthermore, the citation shall be made pursuant to good practice and in the extension that the aim of such citation requires. The right to cite is not applicable for whole corpora, however. Although in some cases the need for properly citing the resource might not have been established in the End User License Agreement, it is generally a good practice to cite the copyright owner and/or the resource developer whenever the resource is used.   References UK Government. Copyright Designs and Patent Act 1988: http://www.legislation.gov.uk/ukpga/1988/48

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