Data sharing is essential to the advancement of research and in some cases requirements from funders and publishers.
For further reading of about the importance of data sharing see "Sharing of Data Leads to Progress on Alzheimer’s"
In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? This perspective explains how to work through the general intellectual property and contractual issues for all research data.
Carroll MW (2015) Sharing Research Data and Intellectual Property Law: A Primer. PLoS Biol 13(8): e1002235.
Disclosure is the unauthorized release of information that may identify an individual research participant or organization
Legally protected data have restrictions placed on them by law
Sensitive data refers to any information that may cause harm, legal jeopardy, or reputational damage to the subject if disclosed. Such data may or may not be legally protected. Examples include:
Before sharing human subjects data publicly both direct identifiers AND indirect identifiers that may pose a disclosure risk must be removed.