Drafting A Data Sharing Agreement

It is important to recognize that the process of setting up data-sharing agreements varies from country to country, as does the type of data shared and the agencies that share the data. Confidentiality and exclusion of liability: there must be a disclaimer for the accuracy of the data as well as a description of the data as well as the corresponding metadata. In addition, a statement on 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 the USGS may be compelled to disclose information as part of a FOIA application, unless otherwise waived. The draft proposal aims to assist government authorities in concluding agreements to exchange data securely, in a timely and transparent manner. The model is based on the National Data Commissioner`s best practice guide on 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 law”, meaning that it can be used for general purposes and is not linked to the next legislation on data availability and transparency. The model is designed to be widely applicable, but some aspects of the agreement may need to be modified to meet certain requirements. We would be delighted to have comments on this draft, as we are trying to adapt a version of the proposed legislation – please give your opinion via our contact form.

The USGS Survey Manual Chapter 500.26 – Domestic Memorandum of Understanding states that “where applicable, there is a language [in the MOUs], such as: all data and information produced as a result of this Statement of Intent must be available for use by the USGS in connection with its ongoing programs. This includes, where appropriate, the publication of the results, except in cases that are prohibited for reasons of ownership and safety.┬áData sharing agreements protect against misuse of data and encourage early communication between authorities on issues relating to data processing and use. Data sharing agreements are formal contracts that define in detail what data is shared and what data is used appropriately. Data-sharing agreements should include provisions on access and dissemination. .

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