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RESEARCH PRODUCT

Scientific data

subject

description

Scientific data is produced by experiment, and consists in a raw description of reality, upon which basis scientific theories are developped or confirmed. Upon assesment, interactions between this basic element of knowledge and the legal order can be observed in three stages. First, at the stage of data production. Although the control of this phase falls largely under the control of the scientific community, some legal rules are added to this control, in order to influence on the direction or on the conduct of the research. Second, at the stage of the use of scientific data, because once discovered, data is sometimes directly apprehended by the judge, the legislator or by some professionals, and is then used to unveil reality. In this regard, even when uncertain, scientific data does not lose its utility, because in spite of failling to display reality, it offers the possibility to approach it and therefore to build decisions on a scientifically based likelihood. Finally, the law intervenes at the stage of data protection, in order to arbitrate conflicting interests between those who produce scientific data, and society. The terms of the arbitration between the private reservation data and their collective value was deeply renewed in recent years, under the influence of the combined development of Big data and Open data.