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Addressing Legal Issues in Online Research, Publication and Archiving: A UK Perspective
Abstract
This chapter provides background to, and a broad understanding of, the legal (and ethical) risks that researchers face in their utilisation of online mechanisms, in terms of the collection and analysis of research data, the communication of research results, and the retention and archiving of data generated by researchers and third parties. While researchers may understand the legal rules in the off-line research environment, research, dissemination and archiving on the Internet can pose more complex, and sometimes entirely novel, issues. The highly visible and accessible nature of the medium also means that existing legal risks may be significantly magnified in comparison to the off-line environment. Researchers should always seek advice specific to those jurisdictions they are targeting with their research, and particularly the jurisdiction in which they are located. Practical advice may be obtained from fellow researchers, institutional research support officers, or legal professionals. This chapter identifies activities that are likely to raise legal issues, or which are likely to require consideration of appropriate means of review, oversight and audit by researchers and ethical committees. Reference is thus primarily made to the law in the author’s home jurisdiction, with some comparative references to other jurisdictions.
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