Data Contract Condition Language for:
Interuniversity Consortium for Political and Social Research

sorted by Category and Condition

October 31, 2014, 8:33 pm

Data Use

Cannot merge new files w/o amendment

VI. F. That, unless prior specific approval is received from ICPSR, no attempt under any circumstances will be made to link the Confidential Data to any individual, whether living or deceased, or with any other dataset, including other datasets provided by ICPSR.

Data used for statistical purposes

VI. A. That the Confidential Data will be used solely for research or statistical purposes relative to the research project identified on the Application for Obtaining Confidential Data accompanying this Agreement, and for no other purpose whatsoever without the prior consent of ICPSR.

No redistribution of data

IV. D. That no persons other than those identified in this Agreement or in subsequent amendments to this Agreement, as Investigator or Research Staff and who have executed this Agreement, be permitted access to the contents of Confidential Data files or any files derived from Confidential
Data files.

Stick to original research plan

VI. A. That the Confidential Data will be used solely for research or statistical purposes relative to the research project identified on the Application for Obtaining Confidential Data accompanying this
Agreement, and for no other purpose whatsoever without the prior consent of ICPSR.

X. D. This Agreement may be amended or modified only by the mutual written consent of the authorized representatives of ICPSR and Investigator and Institution. Investigator's research project, Data Security Plan, or Research Staff may be amended or modified only by submitting such amendments or modifications to the RDCS and receiving approval from the authorized representatives of ICPSR.

Work files to be destroyed periodically

This is not in the contract, but is part of the security questions document:

13. You are required to delete all temporary analysis files twice each year. On which two dates each year will you delete these files?

Inspections & Penalties

Penalty

VII. A. The Institution will treat allegations by ICPSR or other parties of violations of this Agreement as allegations of violations of its policies and procedures on scientific integrity and misconduct. If the allegations are confirmed, the Institution will treat the violations as
it would violations of the explicit terms of its policies on scientific integrity and misconduct.

B. In the event Investigator or Institution breaches any provision of this Agreement, they shall be jointly and severally responsible to promptly cure the breach and mitigate any damages. Investigator and Institution hereby acknowledge that any breach of the confidentiality
provisions herein may result in irreparable harm to ICPSR not adequately compensable by money damages. Investigator and Institution hereby acknowledge the possibility of injunctive relief in the event of breach, In addition to money damages. In addition, ICPSR may:

1. Terminate this Agreement upon notice and require return of the Confidential Data and any derivatives thereof;

2. Deny Investigator future access to Confidential Data; and/or

3. Report the inappropriate use or disclosure to the appropriate federal and private agencies or foundations that fund scientific and public policy research.

Publication

Cite/acknowledge data

VI. M. That any books, articles, conference papers, theses, dissertations, reports, or other publications that employed the Confidential Data or other resources provided by ICPSR reference the bibliographic citation provided by ICPSR in the study description.

Disclosure conditions

VI. F. That, unless prior specific approval is received from ICPSR, no attempt under any circumstances will be made to link the Confidential Data to any individual, whether living or deceased, or with any other dataset, including other datasets provided by ICPSR.
G. To avoid inadvertent disclosure of private persons by being knowledgeable about what factors constitute disclosure risk and by using disclosure risk guidelines, such as but not limited to, the following guidelines in the release of statistics or other content derived from the Confidential Data.
1. No release of a sample unique for which only one record in the
Confidential Data obtained through sampling (e.g., not a census) provides a certain combination of values from key variables. For example, in no table should all cases in any row or column be found in a single cell.
2. No release of a sample rare for which only a small number of records
(e.g., 3, 5, or 10 depending on sample characteristics) in the Confidential
Data provide a certain combination of values from key variables. For example, in no instance should the cell frequency of a cross-tabulation, a total for a row or column of a cross-tabulation, or a quantity figure be fewer than the appropriate threshold as determined from the sample characteristics. In general, assess empty cells and full cells for disclosure risk stemming from sampled records of a defined group reporting the same characteristics.
3. No release of a population unique for which only one record in the
Confidential Data that represents the entire population (e.g., from a census)
provides a certain combination of values from key variables. For example, in no table should all cases in any row or column be found in a single cell.
4. No release of the statistic if the total, mean, or average is based on
fewer cases than the appropriate threshold as determined from the sample characteristics.
5. No release of the statistic if the contribution of a few observations
dominates the estimate of a particular cell. For example, in no instance
should the quantity figures be released if one case contributes more than 60 percent of the quantity amount.
6. No release of data that permits disclosure when used in combination with other known data. For example, unique values or counts below the appropriate threshold for key variables in the Confidential Data that are continuous and link to other data from ICPSR or elsewhere.
7. No release of minimum and maximum values of identifiable characteristics (e.g., income, age, household size, etc.) or reporting of values in the "tails," e.g., the 5th or 95th percentile, from a variable(s) representing highly skewed populations.
8. Release only weighted results if specified in the data documentation.
9. No release of ANOVAs and regression equations when the analytic model that includes categorical covariates is saturated or nearly saturated. In general, variables in analytic models should conform to disclosure rules for descriptive statistics (e.g., see #7 above) and appropriate weights should be
applied.
10. In no instance should data on an identifiable case, or any of the kinds
of data listed in preceding items 1-9, be derivable through subtraction or
other calculation from the combination of tables released.
11. No release of sample population information or characteristics in greater detail than released or published by the researchers who collected the Confidential Data. This includes but is not limited to publication of maps.
12. No release of anecdotal information about a specific private person(s) or case study without prior approval.
13. The above guidelines also apply to charts as they are graphical
representations of cross- tabulations. In addition, graphical outputs (e.g.,
scatterplots, box plots, plots of residuals) should adhere to the above
guidelines.

No case listings in publications

VI. A. That the Confidential Data will be used solely for research or statistical purposes relative to the research project identified on the Application for Obtaining Confidential Data accompanying this
Agreement, and for no other purpose whatsoever without the prior consent of ICPSR.

Security

Security plan incorporated by reference

IX. All parties agree that the following documents are incorporated into this Agreement by reference:
C. The Data Security Plan proposed by the Investigator and approved by ICPSR

Legal Details

Inadvertent Discovery

VI. H. That if the identity of any private person should be discovered, then:
1. No use will be made of this knowledge;
2. ICPSR will be advised of the incident within five (5) business days of discovery of the incident;
3. The information that would identify the private person will be safeguarded or destroyed as requested by ICPSR; and
4. No one else will be informed of the discovered identity.

VI. H. That if the identity of any private person should be discovered, then:
1. No use will be made of this knowledge;
2. ICPSR will be advised of the incident within five (5) business days of discovery of the incident;
3. The information that would identify the private person will be safeguarded or destroyed as requested by ICPSR; and
4. No one else will be informed of the discovered identity.

Extras Administration

Affidavits

VI. B. To supply ICPSR with a completed RDCS online Application for Obtaining
Confidential Data that will include the following:
4. Supplemental Agreement with Research Staff signed by each Research Staff member
5. Pledges of Confidentiality for the Investigator and each Research Staff member

IV. D. That no persons other than those identified in this Agreement or in subsequent amendments to this Agreement, as Investigator or Research Staff and who have executed this Agreement, be permitted access to the contents of Confidential Data files or any files derived from Confidential
Data files.

Annual/progress report required

Every year,researchers with signed agreements for the data are required to provide the following information:
a. a listing of papers that use data that have been published or accepted for publication (since the PI received the data or since the PI sent his/her last annual report), with complete citations including the email address of the first author
b. a listing of papers that use the data that have been presented at professional meetings or invited talks (since the PI received the data or since the PI sent his/her last annual report), including the conference/symposium name, date, location, and the email address of the first author
c. a listing of grants that the PI has received to use the data with the title of the grant, the name of the funding agency, amount of funding received, and dates of award
d. a listing of graduate students who used these data for dissertations, with the title, date of completion, and the awarding institution

Contract length and/or extension

X. B. This agreement shall be effective for 24 months from execution.

X. E. . . . This Agreement may be extended only by submitting an extension request to the RDCS and receiving approval from the authorized representatives of ICPSR.

Expiration: Date or Length in DUA

X. B. This agreement shall be effective for 24 months from execution.

Investigator requirements

III. A. Investigators must meet the following criteria:
1. Have a PhD or other terminal degree; and
2. Hold a faculty appointment or research position at Institution.

VI. K. K. To notify ICPSR of a change in institutional affiliation of the Investigator. Notification must be in writing and must be received by ICPSR at least six (6) weeks prior to Investigator's last dayof employment with Institution. Investigator's separation from Institution terminates this Agreement. Investigator may reapply for access to Confidential Data as an employee of the new institution.
Re-application requires:
1. Execution of a new Agreement for the Use of Confidential Data by both the Investigator and the proposed new institution;
2. Execution of any Supplemental Agreement(s) with Research Staff and Pledges of Confidentiality by Research Staff at the proposed new institution;
3. Preparation and approval of a new Data Security Plan; and
4. Evidence of approval or exemption by the proposed new Institution's IRB.
These materials must be approved by ICPSR before Confidential Data or any derivatives or analyses may be stored or accessed at the new institution. Investigator must also, prior to the date of relocation, destroy all electronic and paper files containing Confidential Data or derivatives or analyses thereof at the original Institution. This obligation of destruction shall not apply to Investigator's scholarly work based upon or that incorporates the Confidential Data.

IRB required

IX. B. A copy of the Institution's IRB approval or exemption of the Research Project

Return/destroy media

VI. I. Unless other provisions have been made with ICPSR, all originals and copies of the Confidential Data, on whatever media, shall be destroyed on or before completion of this Agreement or within 5 days of written request from ICPSR. Investigator will complete and notarize an Affidavit of Destruction, attesting to the destruction of the Confidential Data. Investigators requiring the Confidential Data beyond the completion of this Agreement should submit a request for continuation three months prior to the end date of the Agreement. This obligation of destruction
shall not apply to Investigator's scholarly work based upon or that incorporates the Confidential Data.

Signer has authority to bind university

X. E. The persons signing this Agreement have the right and authority to execute this Agreement, and no further approvals are necessary to create a binding agreement.