Open science, Legal concerns & Ethics

Why and how share, use and reuse biodiversity data?

November 2026

Olivier Norvez

Yvan Le Bras

Animation coordinator
@PNDB  
@DataTerra  

Scientific and technical coordinator
@PNDB  
@DataTerra  

Data lifecycle

Open Science

Open science

Figure from Pontika et al., 2015

Open Science in the world

The Open Science by UNESCO

Open science aims at making scientific knowledge openly available, accessible and reusable. The key elements of open science include: open access to scientific knowledge (including open access to scientific publications, data, educational resources, software and hardware); open infrastructures; open engagement with society and dialogue with indigenous and traditional knowledge systems, among others1.

UNESCO asks member States to :

1. Promote a shared understanding of open science and set out diverse paths to achieving it
2. Develop an enabling policy environment for open science
3. Invest in infrastructure and activities that contribute to open science
4. Invest in training, education, digital literacy and capacity-building to support open science
5. Foster a culture of open science and align incentives to support it
6. Promote innovative approaches for open science at all stages of the scientific process
7. Encourage international and multi-stakeholder cooperation in the context of open science to reduce gaps in technology and knowledge

Open Science in Europe






Open Science represents a new approach to the scientific process based on cooperative work and new ways of diffusing knowledge by using digital technologies and new collaborative tools.

 European Commission, n.d.

Adapted from EOSC-Hub

Open Science in Europe

The ambition of the European Open Science Cloud, known as EOSC, is to develop a Web of FAIR Data and Services for science in Europe. The implementation of EOSC is based on a long-term process of alignment and coordination pursued by the Commission since 2015.1.

EOSC will also improve the situation for researchers in many ways, namely by :

1. Enhancing scientific research by providing access to a weath of data and research outputs from various fields and institutions.
2. Fostering innovation by making it easier for researchers to share, collaborate and build on each others’ work.
3. Improving transparency and reproducibility of research by making data and methods more open and accessible
4. Reducing data silos and duplication of efforts by promoting data sharing and reuse
5. Facilitating interdisciplinarity research and cross-sectoral collaboration by making data and resources from different domains more easily available

Open science in Europe

Source: EOSC-Hub

Open Science in France

Missions

  • To ensure the coordinated implementation, with higher education and research institutions, of the national open science strategy
  • To enable the development of open science skills within the scientific community
  • To coordinate France’s actions in the field of open science at the European and international level
  • Define the principles and guidelines for the use of funds from the National Open Science Fund
  • Define the principles and guidelines for negotiations with the main publishers of scientific publications
  • To propose to the ministers responsible for research and higher education and to public authorities all actions likely to strengthen or promote access to knowledge, data, software and source code for research


Open Science in France

Second French Plan for Open Science

France is committed to ensuring that the results of scientific research are open to all, researchers, companies and citizens, without hindrance, without delay, without payment.1

1. Generalize open access to publications
2. Structure, share and open research data
3. Open and promote source codes produced by research
4. Transforming practices to make open science the default principle

Open Science in France

The French Open Science Strategy (OSS) 2026–2033

The French Open Science Strategy (OSS) 2026–2033, aims to strengthen the transformations initiated with the two previous national plans. Covering eight years, it is structured around ambitions, challenges, strategic objectives, and four-year action plans. The 2026–2029 action plan breaks down 8 strategic objectives into 30 actions and 75 measures.1

OSS Strategic objectives :

1. Encourage a shift in practices to make open science the default approach
2. Consolidate the governance and instruments of open science policy
3. Reinforce the ecosystem of open science services and infrastructures, pillars of academic sovereignty
4. Consolidate france’s position within the european and international open science landscape
5. Structure and support open, reliable and high-quality academic publishing
6. Consolidate the structuring of open and shared research data in accordance with the FAIR principles
7. Increase the openness and valorisation of source code and software from research projects
8. Ensure the transparency of clinical trials

Ethics : the FAIR & CARE principles

Ethics : the FAIR principles

A set of guiding principles for managing research data to make it Findable, Accessible, Interoperable, and Reusable by humans and machines12.

To be Findable:

  • (meta)data are assigned a globally unique and persistent identifier
  • data are described with rich metadata (defined by R1 below)
  • metadata clearly and explicitly include the identifier of the data it describes
  • (meta)data are registered or indexed in a searchable resource

To be Accessible:

  • (meta)data are retrievable by their identifier using a standardized communications protocol
  • the protocol is open, free, and universally implementable
  • the protocol allows for an authentication and authorization procedure, where necessary
  • metadata are accessible, even when the data are no longer available

To be Interoperable:

  • (meta)data use a formal, accessible, shared, and broadly applicable language for knowledge representation.
  • (meta)data use vocabularies that follow FAIR principles
  • (meta)data include qualified references to other (meta)data

To be Reusable:

  • meta(data) are richly described with a plurality of accurate and relevant attributes
  • (meta)data are released with a clear and accessible data usage license
  • (meta)data are associated with detailed provenance
  • (meta)data meet domain-relevant community standards

Ethics : the CARE principles

Definition

Indigenous data are data, information, and knowledge, in any format, that impact Indigenous Peoples, nations, and communities at the collective and individual levels; data about their resources and environments, data about them as Individuals, and data about them as collectives1,2.

to go further

Ethics : the CARE principles

The Kunming-Montreal Global Biodiversity Framework

The Kunming-Montreal Global Biodiversity Framework (KMGBF) was adopted during the fifteenth meeting of the Conference of the Parties (COP 15) […] Among the Framework’s key elements are 4 goals for 2050 and 23 targets for 2030.

Target 21 :Ensure That Knowledge Is Available and Accessible To Guide Biodiversity Action

Ensure that the best available data, information and knowledge, are accessible to decision makers, practitioners and the public to guide effective and equitable governance, integrated and participatory management of biodiversity, and to strengthen communication, awareness-raising, education, monitoring, research and knowledge management and, also in this context, traditional knowledge, innovations, practices and technologies of indigenous peoples and local communities should only be accessed with their free, prior and informed consent[1], in accordance with national legislation1.

Ethics : The FAIR & CARE principles

Differences and complementarities

Operationalizing the FAIR Principles for scientific data with the CARE Principles for Indigenous Data Governance enhances machine actionability and brings people and purpose to the fore to resolve Indigenous Peoples’ rights to and interests in their data across the data lifecycle1.

Toward an implementation of the FAIR & CARE Principles across the data lifecycle.

Some Focus

Focus on the Nagoya protocol

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity is a supplementary agreement to the Convention on Biological Diversity.

It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources1.

The Nagoya Protocol on ABS was adopted on 29 October 2010 in Nagoya, Japan and entered into force on 12 October 2014.

Focus on Rare and Threatened Species

The geographic coordinates of species sightings, habitat data, and breeding sites are often vital to conservation efforts, but they can also be misused, especially in the context of poaching and illegal wildlife trade. Researchers and conservationists face a delicate balance between making data openly available for the advancement of science and protecting the species they aim to conserve1

Web-accessible biodiversity databases accept and openly share species observations from the public, benefitting research, conservation, and education. However, public data sharing can also bring harm, for example by facilitating poaching. Databases may mitigate harm by designating certain species as “sensitive” and restricting access to those species data2.

Focus on Rare and Threatened Species

In France

« En ce qui concerne les données de biodiversité, l’article L.411-1-A du Code de l’environnement prévoit que : « les données brutes contenues dans les inventaires mentionnés au présent article sont diffusées comme des données publiques gratuites et librement réutilisables, sauf si leur diffusion porte atteinte aux intérêts mentionnés aux 1° à 4° du I de l’article L. 124-4. Les conditions dans lesquelles la diffusion des données prévue au présent alinéa peut être restreinte pour des motifs de protection de l’environnement sont précisées par décret. »

From Ichter et al. (2024)

Focus on General Data Protection Regulation - GDPR

Definition and perimeter

The acronym GDPR stands for “General Data Protection Regulation.” The GDPR governs the processing of personal data within the territory of the European Union.

‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person12.

It harmonizes rules across Europe by providing a single legal framework for businesses, enabling them to develop their digital activities within the EU by fostering user trust.

General Data Protection Regulation - GDPR

Principles

  • Principles relating to processing of personal data
  • Lawfulness of processing
  • Conditions for consent
  • Conditions applicable to child’s consent in relation to information society services
  • Processing of special categories of personal data
  • Processing of personal data relating to criminal convictions and offences
  • Processing which does not require identification

For more information GDPR & CNIL

And you? Are you FAIR, CARE and Open?