Coordinated procedures for sensitive data

With specific regard to sensitive data and other research-relevant digital objects, including personal data, share good practices and experiences in enhancing access to them across borders, recognising that the data may themselves have to reside in the host originating country. In this respect, adherents should:

a. explore interoperability of legal and ethical frameworks to enhance data access across borders while protecting legitimate private, public, or community interests; and

b. work towards developing internationally compatible procedures for:

(i) determining the degree of sensitivity of data;

(ii) establishing criteria and protocols for the certification of institutions and researchers gaining access to such data;

and (iii) establishing technological standards and approaches for secure remote access to such datasets.

To address sensitive data sharing across borders, policymakers should:

• Identify and engage key international bodies to establish cooperation links and align legal, ethical, and technical frameworks for access to sensitive data.

• Develop secure and trusted infrastructures to support remote access to sensitive datasets, ensuring compliance with privacy and ethical standards.

• Work towards compatibility in procedures for determining data sensitivity, certifying institutions and researchers, and establishing secure access protocols.

• Promote knowledge-sharing of best practices for managing sensitive data while respecting national laws requiring data to remain in the host country.

Managing sensitive data across borders is challenging due to varying definitions of sensitivity, fragmented legal and ethical frameworks, and the critical need for robust security.

Developing trusted and secure infrastructures is essential but often prioritizes security over accessibility, limiting usability. The lack of systematic strategies and incentives for international collaboration further complicates efforts to enhance cross-border data sharing.

The interoperability of legal and ethical frameworks remains a major hurdle, as regulations like the General Data Protection Regulation (GDPR) and the Data Governance Act set high standards within Europe but lack global alignment. Disciplinary-specific approaches and international recommendations from organisations like the OECD and UN can guide harmonisation efforts but require greater coordination.

Initiatives such as the EU Data Spaces and International COVID-19 Data Alliance (ICODA) demonstrate the potential of platforms to facilitate global data access, but establishing compatible procedures for determining data sensitivity, certifying access, and ensuring secure remote access remains a critical challenge.