Note that the details of these agreements may need to balance differences in management and differences in business practices. For example, how does an authority protect its data and what access can it allow through firewalls and security controls? How will the authorities inform each other if authorisations are changed? Which manager will be responsible for the data declared? The USGS must not share or exchange data or data: the draft proposal is intended to assist government authorities in entering into 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. Data sharing agreements protect against misuse of data and encourage early communication between authorities on issues relating to data processing and use. 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. » 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. If the partner is a foreign company that does not accept compliance with U.S. law, the agreements must go through the USGS Office of International Programs. “One of the challenges of the geographic data community is to promote data exchange and cooperation between multiple authorities and organizations at multiple levels of public, private and non-profit organizations. The success of inter-authority exchange and cooperation 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) A data sharing agreement is an agreement between a party that has useful data (the broadcaster) and a party that seeks data for research on (the recipient) in which the disclosure provider agrees to share its data with the recipient. These could be two universities that would agree to exchange data to collaborate in the field of research, could include one or more private companies active in research or development, and could even include a government agency that works with a private organization. Access rules: Whether the data is online or not, the agreement must determine who has what rights of access to the data, who has what rights to modify or modify the data and what methods of access to the data are provided. A draft submission of a data sharing agreement is available for download.
Note that this template is intended for general use and is not bound by future laws on data availability and transparency. Data sharing agreements must include provisions on access and dissemination. It is not desirable to enter into a data-sharing agreement to disclose data protection information, as non-federal organizations are not subject to data protection law. Similarly, it is worth drawing the attention of the non-federal organization to the fact that federal authorities may be forced to disclose information under the FOIA. In the absence of strong intellectual property rights that protect data and databases in the United States, data sharing agreements are most effective when they are part of a broader agreement between research partners. . . .