Press release, December 3, 2019
Against the backdrop of the increasing scientific importance of big data sources, the German Data Forum (RatSWD) examines the legal and structural challenges of their use and makes recommendations to researchers and politicians alike. Building on the legal opinions of the RobotRecht Research Centre, published as part of the report, the focus is on web-scraping processes. In order to bring the interests of science and business together, independent trustees could make sustainable and improved data access available to researchers. Additionally, the distinctive features of research, with regards to personal big data, should be centred on the data strategy of the Federal government.
Researchers, who have been granted individual access to company big data sources, are often still denied access to strategically important variables or observations. They cannot often pass on the data used to other researchers, and are at risk of losing data access before the end of a research project. Potential conflicts of interest or publication restrictions pose additional challenges in data use, and the re-use of data, e.g. for replication studies or independent questions, is mostly denied.
Many researchers are using web-scraping techniques to obtain data from the internet themselves. In these cases, software interfaces are used or websites are read in bulk. Because the use of these data collection methods is often accompanied by legal uncertainties, the German Data Forum (RatSWD) has obtained a legal opinion from the RobotRecht Research Centre of the University of Würzburg on relevant legal issues of data access, data re-use, and data archiving; it is published as part of the report.
The German Data Forum (RatSWD) recommends the establishment of independent trustee offices, in order to systematically and sustainably address the issue of missing access to big data. These offices should mediate between the interests of researchers and companies that hold big data. To accomplish this, trustees must accept data from companies and then enable researchers to carry out their independent data protection-compliant analysis. The German Data Forum (RatSWD) therefore welcomes the Federal government’s recently published data strategy assessment, stating that the concept of a trustee as a central instrument provides an “increase in the voluntary sharing of data.” The German Data Forum (RatSWD) recommends that the special features of research with regards to (personal) big data be taken into account when further developing the data strategy.
The full report (in German), including the legal opinion in the appraisal, is available for free download on the German Data Forum’s (RatSWD) website: https://doi.org/10.17620/02671.39
Established in 2004, the German Data Forum (Rat für Sozial- und Wirtschaftsdaten, RatSWD) is an independent council. It advises the German federal government and the federal states (Länder) in matters concerning the research data infrastructure for the empirical social, behavioural, and economic sciences. The German Data Forum (RatSWD) has 16 members. Membership consists of eight elected representatives of the social, behavioural, and economic sciences and eight appointed representatives of Germany’s most important data producers. The German Data Forum (RatSWD) offers a forum for dialogue between researchers and data producers, who jointly issue recommendations and position papers. The council furthers the development of a research infrastructure that provides researchers with flexible and secure access to a broad range of data. The German Data Forum (RatSWD) has accredited 34 research data centres and fosters their interaction and collaboration.