1 Reply by Darwyn Sumner

  • Darwyn Sumner
  • Darwyn Sumner
  • Veteran
  • Offline
  • From: Dipterists Forum
  • Registered: 10-05-2006
  • Posts: 250

Re: Recorders name when sending information to the NBN

This concept has recently turned into an issue which it seems has the potential to get out of hand.
When I submitted a county Diptera dataset to the Gateway I "knew" all the recorders involved.
Now someone else has the responsibility to update the datasets there are some recorders they don't "know" (Recorders associated with this dataset who we are not familiar with - according to a recent email I have received) and this new person "would like to contact to check that we have their permission to add the records to the NBN"
The consequence of this is either:
1. Anyone responsible for uploading a dataset and then passing this responsiblity to someone else is obliged to engage in interminable correspondence about who the recorders were
2. Every time an uploader changes, the poor recorder is sought out and his permission is sought again (assume Alan Stubbs did some sort of survey in every county at some point, then he would be sought out for permission every time the personnel in an LRC changed - quite a frequent occurrence these days)

So the questions are:
1. Are we correct in the assumption that recorder's permissions must be sought out before submitting records to the NBN Gateway?
2. Is there some unburdensome mechanism by which this permission need not be sought time after time

2 Reply by mbeard (edited by mbeard 09-09-2011 09:45:10)

  • mbeard
  • Veteran
  • Offline
  • From: Greater Manchester
  • Registered: 28-02-2010
  • Posts: 101

Re: Recorders name when sending information to the NBN

Hi Darwyn,

I'd of thought that the recorder's permission would be required before their personal details were stored in any way at all.  In many recording schemes this is dealt with by T&Cs on a standard recording form, which the recorder is accepting by sending the form in.  There is an argument for having an opt-in tick box on the form to make doubly sure of their acceptance.  The sharing of the data, specifically including submission to the NBN, should feature within the T&Cs.  The NBN provides a template permission statement for recording schemes, which we based our statement upon. 
http://www.nbn.org.uk/Guidebooks/Data/Managing-permissions/Model-recording-form-statement.aspx
And the Infomation Commisioner's Office provide a good guide to Privacy Notices. (These statements go by various names but the meaning remains the same)
http://www.ico.gov.uk/for_organisations/data_protection/the_guide/principle_1.aspx#privacynotice
http://www.ico.gov.uk/for_organisations/data_protection/the_guide/~/media/documents/library/Data_Protection/Detailed_specialist_guides/PRIVACY_NOTICES_COP_FINAL.ashx

The permission to store personal data should be with the recording scheme rather than an individual records officer, so there is no need to re-affirm permission if personnel change.  The recording scheme would of course have some responsibility for the records officer being a bona fide and trustworthy person, and that the data was stored in a secure manner.

However, I believe that there is a duty to keep personal data up-to-date and accurate, so would this require frequent contact to confirm that people have not moved house?  If indeed this type of information is being stored, as I know of at least one recording scheme that is avoiding keeping addresses within their copy of Recorder 6 and I doubt they would be storing them separately.  Our policy would be that, rather than share contact details, we will pass on requests to contact a recorder to the recorder themselves and then it is up to them to respond or not.

Not-for-profit organisations (amongst others) have certain relevant exemptions from the Data Protection Act, but I think it gets pretty complex.
http://www.ico.gov.uk/for_organisations/data_protection/the_guide/exemptions.aspx
Besides I think people would be happier handing data over to record schemes if the above matters were taken in hand, and I think it gives us data holders more peace of mind too.

NB I have not had any formal Data Protection Act training so perhaps best to seek formal advice like we did?
[edit: added link to NBN example permission statement]

Mike Beard
Natural Course Project Officer
Greater Manchester Local Records Centre

mbeard's Website

3 Reply by Darwyn Sumner

  • Darwyn Sumner
  • Darwyn Sumner
  • Veteran
  • Offline
  • From: Dipterists Forum
  • Registered: 10-05-2006
  • Posts: 250

Re: Recorders name when sending information to the NBN

Thanks for the interesting response, I can see where you are coming from but my issue is slightly different.
Your issues regarding personal details were dealt with by Oliver Grafton for NBN some time ago and Local Records Centres have their own Data Exchange Agreements with local recording groups which take this into account, alongside their own corporate policies (Data Protection, EIR etc.) and the NBN's 7 Data Exchange Principles, I'm sure any LRC will be happy to send you an example. I suspect Oliver went through all that legislation and guidance regarding Privacy Notices that you've listed when he drew up the NBN Guidance.

My issue (not related to National Recording Schemes but rather to LRCs) is one of clarity about what LRC data managers are obliged to do when taking over management of datasets from a "retired" predecessor. If the "retired" data manager submitted a dataset to the NBN Gateway (and conformed to all the above), what possible reason could there be for the new data manager to contact all the recorders again when submitting an updated dataset (assuming that that LRC still makes its terms and conditions regarding Data Exchange Principles publicly known)

4 Reply by ChrisR

  • ChrisR
  • Administrator
  • Offline
  • Registered: 27-08-2011
  • Posts: 1,131

Re: Recorders name when sending information to the NBN

Can't there be some assumption (or at least clause) in any agreement between recorders and schemes that specifies that by submitting data you accept that the scheme can use the records for whatever purpose they deem fit, including passing to other organisations and being viewed by the public?

Companies that harvest our personal data for commercial mailshots don't seem to have Data Protection Act problems when they pass our addresses to other companies ... so are we being too paranoid by worrying about any potential permissions issues with record sets?

Chris Raper, Manager of the UK Species Inventory, Angela Marmont Centre for UK Biodiversity,
Natural History Museum, Cromwell Road, London, SW7 5BD.  (tel: 020 7942 5894)
also Tachinid Recording Scheme (http://tachinidae.org.uk/)

5 Reply by TeresaF

  • TeresaF
  • Veteran
  • Offline
  • From: BTO
  • Registered: 12-05-2008
  • Posts: 171

Re: Recorders name when sending information to the NBN

In your case Darwyn, I don't see the problem. Surely any agreements in place would be on an organisation basis not a personnel basis so there is no need to contact recorders again?

Incidentally, here where we are just setting up an LRC but already have large quantities of records on the Gateway from the database that has been collated by the museum/partnership over the years - no one has ever asked anyone for permission here, that is why we have so many records up on the Gateway (and hence why I suspect as time goes on the number is more likely to decrease than increase, partly because there are bound to be duplicates of NSS records). The only records that aren't put up are where the recorder has been proactive and specified that they are not to be.

I expect to be sorting out our first written data exchange agreements by March, so the situation here will get closer to best practice over time. So thanks both Darwyn and Mike for the useful info!

-----------------
Teresa Frost | Wetland Bird Survey National Organiser | BTO
Other hat  | National Forum for Biological Recording Council
(Old hats  | NBN Board, ALERC Board, CBDC, KMBRC)

6 Reply by Darwyn Sumner

  • Darwyn Sumner
  • Darwyn Sumner
  • Veteran
  • Offline
  • From: Dipterists Forum
  • Registered: 10-05-2006
  • Posts: 250

Re: Recorders name when sending information to the NBN

When I tried to post the following citation (from Mendeley) of what I consider to be all the relevant NBN documents on this topic I got banned, there was something about the list that the system didn't like. Let's give it another try:

1. Grafton O (NBNT). Model Privacy Policy. 2004.
2. Grafton O (NBNT). NBN Framework for the Transfer of Authority to use Biodiversity Data. 2003;(March):1-8.
3. HBIC. Model Data Exchange Agreement. 2006.
4. NBNT. NBN Gateway Terms & Conditions V1 [Internet]. 2002. Available from: http://data.nbn.org.uk/help/popups/generalTerms.jsp
5. NBNT. NBN Data Collation Licence : Model Recording Form Statement [Internet]. 2003. Available from: http://www.nbn.org.uk/getdoc/b64549d3-bf82-4a48-a19c-3ccbc2528cc3/Model-recording-form-statement.aspx
6. NBNT. NBN Model Data Collation Licence – Vs . 1. 2003;(February):1-3. Available from: http://www.google.co.uk/url?sa=t&source=web&cd=2&ved=0CB4QFjAB&url=http%3A%2F%2Fwww.nbn.org.uk%2Fgetdoc%2F2942134a-5ff0-4c7e-9a7d-e4d2e90165dd%2FC-NBN-Model-Data-Collation-Licence-Vs-1.aspx&rct=j&q=nbnt Model Data Collation Agreement&ei=QIFrTuuDAsGy8QOYlrFB&usg=AFQjCNFfHA8C51abLeJdsu18xM2DDzDb6g&cad=rja
7. NBNT. NBN Model Data Custodianship Agreement – Vs . 1 [Internet]. 2003. Available from: http://www.nbn.org.uk/Guidebooks/Data/Managing-permissions/Model-Data-Custodian-licence.aspx
8. NBNT. NBN Gateway Data Provider Agreement [Internet]. 2006. Available from: http://www.nbn.org.uk/Guidebooks/Data/How-to-start-sharing-data-through-the-NBN/Data-provider-agreement.aspx
9. NBNT. Clarifying authority to pass on and use existing wildlife data [Internet]. 2003. Available from: http://www.nbn.org.uk/Guidebooks/Data/Managing-permissions/Model-Data-Custodian-licence.aspx

7 Reply by Darwyn Sumner

  • Darwyn Sumner
  • Darwyn Sumner
  • Veteran
  • Offline
  • From: Dipterists Forum
  • Registered: 10-05-2006
  • Posts: 250

Re: Recorders name when sending information to the NBN

Ah - good, it worked this time.
You probably won't be able to find the first three. Oliver's material isn't included on the NBN website and Nicky Court's HBIC model was a first attempt at putting some of the principles into practise - I daresay you could get a copy from Hampshire BIC.
Apologies if the links don't work perfectly, look upon it as a test of Mendeley.