This section specifies data reuse conditions that go above and beyond applying a license. For example, how will you protect the privacy of research subject? Do you need to honor confidentiality clauses? Are there intellectual property rights that need to be protected?
If your data does not need additional protection then a simple statement should be sufficient to include in your plan.
If your data does need protection keep in mind that the restrictions will need to be justified. For example, If your data cannot be made publicly available you should explain why and how researchers can request access (when possible). If you plan to restrict how the data can be reused, for example by requiring citation, that too should be stated and justified unless it's covered by the license. If you do not plan to share data then you need to explain your reasoning and expect peers to agree with your reasoning.
Include a statement, when applicable, of plans to protect confidentiality, personal privacy, proprietary interests, business confidential information, and intellectual property rights. Outline any restrictions such as copyright, confidentiality, patent, appropriate credit, disclaimers, or conditions for use of the data by other parties.
Describe and justify any applicable factors or data use limitations affecting subsequent access, distribution, or reuse of scientific data related to informed consent, privacy and confidentiality protections, and any other considerations that may limit the extent of data sharing. See Frequently Asked Questions for examples of justifiable reasons for limiting sharing of data.
The DMSP should address any limitations of data sharing to facilitate the protection of confidentiality, privacy, business confidential information, and/or security; avoid negative impact on intellectual property rights, innovation, program and operational improvements, and U.S. competitiveness; consider maximizing appropriate sharing through risk-mitigated limited access; preserve the balance between the relative value of long-term preservation and access and the associated cost and administrative burden; and otherwise be consistent with all applicable laws, regulations, and DOE orders and policies.
Depending on the DOE funding agreement, a contractor or financial award recipient may have the right to assert copyright to or protect from public release for certain scientific data products. When contractors or award recipients assert copyright of scientific data, the DMSP should address licensing requirements and any limitations for sharing the copyrighted data. When contractors or award recipients assert data protection, the scientific data will not be shared with the public during the data protection period.
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