RDM legal framework
Researchers’ continued creation of voluminous data across disciplines and through large scale collaborations implies rich, vast, and colossal amounts of research data over time. For this reason, the data ought to be managed in a way that it is free from unauthorized access and, at the same time, readily available for discovery, access, sharing, and reuse. Consequently (Pinfield 2017) mentions the need for research institutions to develop a legal framework to guide discovery, access, sharing, and reuse of research data. According to (Pinfield 2017), the legal context that encompasses RDM includes confidentially, Intellectual property, licensing, patents, copyright, moral rights, and privacy. The study states that a legal framework infuses confidence in researchers to freely share their research data, permitting discovery, access, sharing and reuse of the data (Pinfield, 2017)
Study findings revealed that there was no legal framework governing RDM activities in Kenyan Research libraries, even though research librarians at the MGGL acknowledged its role and significance in management, sharing, and reuse of research data. The findings indicated that most of the researchers’ 171 (51.8%) agreed that there was no legal framework to offer lucidity and guide data curation activities, information technologies, knowledge, skills and training capabilities, and collaborative aspects at the MGGL. These sentiments were equally echoed by the interviewees, who stated that they were still engaging the relevant authorities,’ partners, and stakeholders to draw up an all-inclusive and user-centered RDM legal framework. This is in dissension with (Pasipamire, 2017) who asserted that the RDM legal framework was one of the cornerstones of RDM activities guiding the operationalization of procedures through ordered processes and sets of paired policy frameworks, simplifying discovery, access, sharing, and reuse of research data. The rationale being that RDM was still a novel concept in most Kenyan research libraries and that the libraries were still in the initial phases of its implementation. Accordingly, the MGGL was in consultation with the relevant establishments to craft an RDM legal framework to capture respondents’ interests.
Regarding the CCMF, deficiencies of a legal framework suggest inadequate and inept responses to the management of research data, sharing and reuse as the ensuing processes and procedures are not well executed (Lyon et al., 2012). Accordingly, (Lyon et al., 2012) aver that an RDM legal framework responds to RDM activities such as preservation, storage, quality control, security, sharing, compliance, and jurisdiction to advance management, sharing, and reuse of research data (Lyon et al., 2012). Similarly (Pinfield 2017) posits that an RDM legal framework is of significance since it advances an institution’s response to data curation activities, prospects obtainable through technological infrastructure, human resource capacity, collaborative partnerships, and policy guiding principles to guarantee effective stewardship, sharing, and reuse of research data. The author states that research institutions ought to champion for a robust and detailed RDM legal framework to ensure all their needs are met