Managing data from farmers' fields
How do you deal with data about farmers' fields in a responsible and legal manner? This was the subject of a meeting that AGRO held in Foulum in October.
Many of the tasks that researchers in AGRO carry out build on data from farmers' fields. It can sometimes be difficult to find out what you are permitted to do and what you are not permitted to do with regard to gathering and treating data from farmers' fields. AGRO therefore invited collaborative partners from Seges and Agrointelli to hear how they deal with the problem, as well as Vice-dean Søren Rud Keiding and legal advisers from AU to exchange experience and knowledge. Approximately 45 people participated in the meeting that was held on October 30, 2018 in Foulum.
Four of AGRO’s researchers presented practical examples of how we use data from farmers' fields and which questions of doubt there can be with regard to how we treat data. We are required to comply with EU’s General Data Protection Regulation (GDPR), and to protect the farmers' data.
Field data are an important part of our work
In AGRO we gather, treat and use data regarding soil properties, fertilisation, and crops, among other things. The results of these efforts are used in research projects, lectures and policy support. It is important that data are transparent enough to suport the results, but it is easier and safer to work with the data if they cannot be traced back to the individual farmer.
We are not the only ones scratching our heads over finding solutions to this. Therefore, we invited external speakers who also work with data from farmers. These speakers were honorary professor at AGRO and CEO of Agrointelli Ole Green, and legal adviser Jesper Kjerulf Christensen from Seges. in addition, there was knowledge exchange with legal advisers Birgitte Qvist Frandsen, Daniel Bo Pedersen and Lisbeth Guldbæk Smith from Corporate Relations and Technology Transfer at Aarhus University.
Placing responsibility for data
An important point is that the person who has an independent reason for gathering data is the one who is responsible for how the data are treated, passed on, and deleted. In AGRO we use publicly available data gathered by the authorities, such as the Ministry of Environment and Food, to a great extent.
In this case the onus for gathering the data legally is as a rule on the ministry. When the farmer registers these data, he or she gives consent to use of the data for analysis, research or statistics. When AGRO gains access to the data, it can either be for treating data at the request of the ministry, in which case there is a need for a data treatment agreement, or it can be a case of passing on of data if AGRO has an independent reason for gathering data. In this case, there must be a legal basis for it, such as research for the good of society. TTO can help you decide which is which.
We also use data gathered by Seges. These data normally come under our cooperation agreement with Seges. In most cases, it is Seges that enters into contracts with the farmers, and then the data are Seges’ responsibility. In the same way as mentioned above, you must decide if it is a case of data treatment or passing on of data.
If we gather data ourselves, e.g. by going out to a farmer with our drones, then managing the data is our responsibility. In such cases, we must get consent from the farmers ourselves.
As the discussions at the meeting demonstrated, many questions still remain. You can get more information on AU’s website at Data protection - protection of personal data.
You can also contact AGRO’s legal special consultant Lisbeth Guldbæk Smith.
You can view the slides from the meeting here (in Danish)
Jesper Kjerulf Christensen, Seges
Birgitte Qvist Frandsen and Daniel Bo Pedersen, AU