Sample Interagency Data-Sharing Agreement
In the absence of strong intellectual property rights to protect data and databases in the United States, data-sharing agreements work best if they are part of a broader agreement among research partners. An individual agreement on data sharing is not intended to supplant the greater agreement between the partners, but to complement and support a particular aspect of the broader agreement. For a detailed overview of the role of a data-sharing agreement in a larger project among research partners, see Data Sharing: Paige Backlund Jarquin MPH, Colorado Clinical and Translational Sciences Institute – Rocky Mountain Prevention Research Center. A data-sharing agreement is an agreement between a party with useful data (the Discloser) and a party that searches for data for research on (the recipient) under which the public agrees to share its data with the recipient. These could be two universities that agree to share data for research cooperation, one or more private companies active in research or development, and even a government agency working with a private agency. If the partner is a foreign unit that does not accept compliance with U.S. law, the agreements must go through the USGS Office of International Programs. The draft proposal aims to help government authorities conclude safe, fast and transparent data exchange agreements. The proposal is based on the National Data Protection Controller`s best practice guide for the application of data sharing principles. The agreement was developed in consultation with stakeholders and builds on existing agreements. The proposal is “independent of the legislation”, i.e. it can be used for general purposes and is not bound by future legislation on the availability and transparency of data. We are trying to align a version of the upcoming bill.
Data exchange agreements protect against data misuse and promote early communication between agencies on data processing and use issues. Data exchange agreements must include access and dissemination provisions. It is not advisable to enter into a data exchange agreement in which data protection information can be disclosed, as non-federal organizations are not subject to the Data Protection Act. Similarly, the non-federal organization should be advised that federal authorities may be required to disclose information under the BLA. The model is designed to be generalized, but some aspects of the agreement may need to be adapted to specific requirements. We would be happy to have feedback on this project, as we are trying to harmonize a version in accordance with the proposed legislation – please provide your feedback via our contact form. Access rules: Whether the data is online or not, the agreement must determine who has what rights to access the data, who has what rights to modify or modify the data, and what methods of accessing the data.