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Case 5b :

Data Management—Whose Data is it Anyways?

Jenna felt hopelessly frustrated and angry as she stammered,

"But, we have all worked together on this project for three years. How could you say that this belongs exclusively to you?"

Professor Cheung, sensing Jenna's anger, stood up and said firmly,

"I am the principal investigator, I hold the grant, I was the designated supervisor for this project, and the data archiving responsibilities fall to me as the grant holder. I am very sorry, Jenna, but you cannot take this data with you to your new posting".

Jenna stepped forward towards Professor Cheung's desk and stated, through gritted teeth,

"That is nonsense. I am listed as the funded post-doctoral fellow through your grant. Your grant paid me to put this together, to run your project, to train all of your technicians and temporary fellows. I wrote the grant report. I am not just a contract worker. I am not a 'data monkey' and there is nothing, nothing, in the grant that says those who worked on it cannot use the data generated from this project. There is nothing in my contract which says I must return all raw or finished data sets upon completion".

Professor Cheung retorted with an air of aristocratic dismissal,

"Yes, Jenna, and there is nothing in your contract which gives you the privilege to take data from here to there, either. You must turn in all notebooks and memory cards, server passwords and printings before you leave. Ms. To in the front office will help you".

Identify the key problems in this scenario.

• What resources might either Professor Cheung or Jenna have to help them sort out this dispute?

 

Imagine you are Jenna:

• What ought you do next?
• How might you persuade Professor Cheung to permit you to take the dataset you have built together with you?
• What documents in your possession might outline what your rights are?

 

Imagine you are Professor Cheung:

• How might you press the case to Jenna that the data in the laboratory is the property of the laboratory, the granting agency, and or the university?
• Which documents might outline what your rights are?

 

Imagine you are Professor Cheung three years ago:

• Upon bringing Jenna on as a post-doctoral fellow, what stipulations on data use might you have put into her contract?