Open Data, Grey Data, and Stewardship: Universities at the Privacy Frontier

TL;DR

Universities face complex challenges in managing open and grey data, balancing transparency, privacy, and academic freedom amid evolving regulations and commercial pressures.

Contribution

This paper analyzes the privacy frontier for universities, highlighting the convergence of open access and grey data, and offers recommendations based on UC's privacy and data governance practices.

Findings

Universities are managing increasing grey data outside traditional privacy regulations.

Open access requirements are expanding data sharing but raising privacy concerns.

Recommendations for balancing data transparency with privacy protection.

Abstract

As universities recognize the inherent value in the data they collect and hold, they encounter unforeseen challenges in stewarding those data in ways that balance accountability, transparency, and protection of privacy, academic freedom, and intellectual property. Two parallel developments in academic data collection are converging: (1) open access requirements, whereby researchers must provide access to their data as a condition of obtaining grant funding or publishing results in journals; and (2) the vast accumulation of 'grey data' about individuals in their daily activities of research, teaching, learning, services, and administration. The boundaries between research and grey data are blurring, making it more difficult to assess the risks and responsibilities associated with any data collection. Many sets of data, both research and grey, fall outside privacy regulations such as HIPAA, FERPA, and PII. Universities are exploiting these data for research, learning analytics, faculty evaluation, strategic decisions, and other sensitive matters. Commercial entities are besieging universities with requests for access to data or for partnerships to mine them. The privacy frontier facing research universities spans open access practices, uses and misuses of data, public records requests, cyber risk, and curating data for privacy protection. This paper explores the competing values inherent in data stewardship and makes recommendations for practice, drawing on the pioneering work of the University of California in privacy and information security, data governance, and cyber risk.