Potential components of a data access agreement
(provided by Willy Allen, Landcare Research)
Access conditions
Different conditions may be applied to different classes of user (e.g. local farm group, Regional Council), for instance immediate access may be granted to group members, conditional access to Regional Council and research users, and no access to commercial users.
Permitted/ excluded uses
Custodians - the people responsible for holding the data - are responsible for advising users on the potential uses of a dataset. They may also recommend specific permitted uses or, conversely, excluded uses of a dataset. This may occur when, for example, the custodian believes the data are unsuitable for certain purposes due to uncertainties or ambiguities in the dataset. It also provides a means for custodians to safeguard their intellectual property and credibility.
Distribution to third parties
Unless a custodian provides explicit consent, users should not copy data onward to third parties. Instead, third parties should be referred to the custodian so that proper consent can be arranged.
Transaction costs
Transactions can be costed in a variety of ways, for instance totally free, free to reciprocating users only (barter), cost of supply (i.e. immediate access costs), cost of development (i.e. taking into account the initial costs of building the dataset), or ‘market value' (the maximum cost which the user will pay). Of course, the flow of data within networks is encouraged when cost barriers are as low as practicable
Acknowledgement of sources
Publications, information products and all outputs derived (even in part) from a dataset should acknowledge data sources and intellectual property. In cases where data have been interpreted several times before use, a long list of acknowledgements (known as an ‘audit trail') may be necessary. Custodians should advise users on the most effectively way to acknowledge their data.
Disclaimer
In the event of incorrect data being provided, and consequent harm being caused, liability could fall on the originator of the data, its custodian, a third party which has provided the data or all of these. The situation is most serious when ‘negligence' is detected, for instance when it is established that data were poorly maintained. The issuing of a disclaimer warning users of any deficiencies which may be present in the data affords some protection against this eventuality.