33 Berkeley Tech. L.J. 365 (2018)
Open Data, Grey Data, and Stewardship: Universities at the Privacy Frontier

handle is hein.journals/berktech33 and id is 387 raw text is: 














    OPEN DATA, GREY DATA, AND STEWARDSHIP:

       UNIVERSITIES AT THE PRIVACY FRONTIER

                              Christine L. Borgman t




                                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


        DOI:  https://doi.org/10.15779/Z38B56D489
        C  2018 Christine L. Borgman.
      t Distinguished Professor and Presidential Chair in Information Studies, University of
California, Los Angeles. This Article is based on the Tenth Annual Berkeley Law Privacy
Lecture, hosted by the Berkeley Center for Law and Technology on November 16, 2017.
http://christineborgman.info

Full disclosure: The author is actively engaged in the University of California activities
mentioned herein. She was a founding member of the UCLA Privacy and Data Protection
Board, a member of the PISI Steering Committee, Co-Chair of the UCLA Data Governance
Task Force, and currently is Chair of the University of California Academic Computing and
Communications  Committee  (UCACC)  (2017-2018 academic year; Vice Chair 2015-2017).
In her role as a UCACC officer, she is a member of the UC Office of the President Cyber
Risk Governance Committee (2015-2018). She has been a member of the Advisory Board to
the Electronic Privacy Information Center (EPIC) since its founding in 1994 and served on
the EPIC Board of Directors from 2010 to 2017. The opinions in this Article are her own.

Acknowledgements  are due to the many colleagues in the University of California who have
aided, abetted, and supported these privacy initiatives: Amy Blum, Jim Chalfant, Dana Cuff,
Jim Davis, Jerry Kang, David Kay, Leah Lievrouw, Gene Lucas, Maryann Martone, Joanne
Miller, Jan Reiff, Sheryl Vacca, Kent Wada, Scott Waugh, Shane White, and other members
of the PISI and DGTF committees. My research group at the UCLA Center for Knowledge
Infrastructures provided essential critique and commentary on the Article and talk: Bernadette
Boscoe, Peter Darch, Milena Golshan, Irene Pasquetto, and Michael Scroggins. Morgan
Wofford  provided extensive bibliographic research. James Dempsey of the Berkeley Center
for Law and Technology provided detailed comments on the draft paper. Outside UC, credit
is due to Marc Rotenberg and the staff at the Electronic Privacy Information Center as well
as Anne  Washington of George  Mason  University. Special thanks are due to Chris Jay
Hoofnagle, Paul Schwarz, and others at the Berkeley Center for Law and Technology, whose
invitation to give the Tenth Annual BCLT Privacy Lecture provided the incentive to write this
Article, and to Erwin Chemerinsky (Berkeley) and Katie Shilton (University of Maryland) who
provided extensive and insightful commentary as respondents to the public lecture on
November  16, 2017.

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