If you did not collect or create the research data yourself but instead used existing data obtained from another source (e.g. data from online repositories, data provided by project collaborators, data from social media platforms) you will need to understand and comply with any terms of use under which the data may be used and shared.
If you agree or purchase licences to use third party data, be aware of any restrictions this places on what the data can be used for in the future.
You should read carefully the terms and conditions associated with the use of third party data as it's probable that copyright and/or licensing issues are associated.
A wealth of government datasets, as well as study and survey datasets are available for secure access from a SafePod. This includes datasets from the Office for National Statistics and the UK Data Service.
Training offered by the UK Data Service focusing on copyright considerations in the context of secondary (third party) data use.
Planning your data management is still needed when you use third party data.
Just as you would for primary data (the data you collect or create), you will need to fully consider all the issues that may arise in managing third party data. For example:
Before a project begins it is prudent to investigate the data sources that are essential for your research, to ascertain that they can be used for the purposes anticipated.
To help you with your data management planning, create a list of the key data sources you will use along with the terms of use for each source, and whether the data will be solely consulted or if it is to be incorporated into new datasets or used to derived new datasets that you plan to archive and share. To document the information, you may wish to use the sample variable information log template provided the UK Data Service.
You can find further guidance on the planning your data management page.
Where research is funded by an external partner, or where an external partner makes a contribution to a project, the partner may be awarded intellectual property rights in the results, including the research data.
If you are an investigator on a collaborative project you should ensure that all those involved have a shared understanding of how the project will be conducted. The basis on which the research data will be collected, stored, accessed, retained and shared should be set out in any contracts or collaboration agreements covering the research.
You can work with Research and Knowledge Exchange Contracts to ensure that suitable agreements for the ownership and use of research data are established and agreed in writing by the parties concerned before a project starts.
"Projects that involve collaboration between separate legal entities should have formal agreements to clarify responsibilities and arrangements for access to data and managing permissions. Such agreements should be developed at an early stage and should take account of any applicable funding terms and conditions." - UKRI guidance on best practice in the management of research data
Issues around data ownership, who has the rights to share or prohibit the sharing of data, occur for third party data.
You must not share research data if you do not have the rights to do so. For example,
If you cannot archive and share the data you have reused you should keep sufficiently detailed documentation to enable others to reproduce your findings. You should also cite the data you have reused in your research outputs.
Third party data should be disposed of securely and in accordance with the data provider's terms of use.
You might be required to dispose of data to a particular standard. In some cases this standard for destruction may differ from or exceed that recommended in university guidance and therefore special attention should be paid to such obligations.
The University's disposing of information guide provides guidance.
Further advice and support on the disposal of digital data is available from IT Services, email itsupport@york.ac.uk.
Intellectual property rights affect and may limit the way you and others can use the outputs of your research. It's therefore important to clarify copyright and intellectual property ownership of any data that you will use before your research begins.
Research funders may expect you to clarify copyright and intellectual property ownership of the data you will use in your data management plan.
University guidance: The University's policy on intellectual property and guidelines are intended to address both the rights and property aspects of IP generated within the institution.
Contact: Research and Knowledge Exchange Contracts
Copyright: a practical guide provides practical advice to help you stay legal when using other people's materials in your research.
University guidance: Guidelines for the use of social media data in research explores five of the most prominent issues noted in social media research: legal considerations, duty of care, data integrity and management, privacy, and consent.