Data exchange agreements protect against data misuse and promote early communication between agencies on data processing and use issues. Confidentiality and disclaimers: there must be a disclaimer covering the accuracy of the data, as well as a description of the data and the corresponding metadata. In addition, a declaration regarding the disclosure of information to third parties is required. This is necessary because a non-federal authority may not be able to protect USGS information from disclosure, and vice versa, because USGS may be forced to disclose information as part of a foia request if no waiver applies. Note that the details of these agreements may have to reconcile differences in management with differences in business practices. For example, how does an agency protect its data and what access can it allow through firewalls and security checks? How will agencies inform each other if authorizations are changed? Which manager will be responsible for the specified data? It is important to recognize that the process of establishing data exchange agreements between countries, as well as the nature of the data that is shared and the agencies that share the data together, are different. Data exchange agreements are formal contracts detailing the data disclosed and the data used for the data. “One of the challenges of the territorial community is to promote data exchange and cooperation between several agencies and organizations at several levels of public, private and associative organizations. The interchangeable and successfully collaborating field of interchangeable data is based on the adoption of guiding principles, the identification of best practices and the recognition of challenges that may include political, scientific and technological issues. (National Geospatial Advisory Committee, 2011) 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 between 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. Below, you`ll find a list of items that are usually included in a data sharing agreement. While this list may cover the databases, additional concerns may be relevant to a data set or supplier agency. 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.
Authority: the authority under which data sharing is carried out must be defined.