Per Executive Memo 41, all research data must be retained for at least the minimum period required by applicable laws and regulations, sponsor and publisher requirements, other agreements, and University records retention schedules. While PIs may choose to retain the data beyond the minimum period, they should ensure adherence to the storage of data as it pertains to any laws, regulations, or agreements, including human subjects’ consent or protocol information.
Research data must be maintained for a period of time that allows the University of Nebraska to meet its legal and academic obligations.
Specific guidelines include:
- Research data must be kept for as long as may be necessary to protect any intellectual property resulting from the work;
- Research data and records that contain protected health information (PHI) must be maintained and retained per HIPAA requirements for a minimum of seven years;
- If litigation or other dispute resolution, claims, financial management review, or audit related to the research is started before the expiration of the retention period, or commenced after the retention period but the relevant data and records have not been destroyed, the research data and other project records must be retained until all such litigation or other dispute resolution, claims, financial management review, or audit findings involving the records have been resolved and financial action taken;
- If any changes regarding the research arise, such as allegations of research misconduct, research data must be retained as specified by the University of Nebraska, the campus Senior Research Administrator(s), and/or the campus Research Integrity Officer (RIO);
- If a student thesis or dissertation is involved, research data must be retained at least until the student’s degree is awarded (or the student otherwise withdraws or terminates their pursuit of a NU degree) and any resulting papers are published. University Libraries house electronic theses and dissertations and should be consulted regarding retention of this information;
- When research is funded by an award to or contract with the University of Nebraska at includes specific provision(s) of that agreement may supersede this policy;
- Research data and records from human participant research studies must be maintained consistent with University Institutional Review Board (IRB) policies. Required data and records include, but are not limited to, the approved protocol, informed consent form(s), and IRB-PI communication;
- Research data and records involving export-controlled activities must be maintained consistent with University of Nebraska Export Control Compliance Program (ECCP) policies. Required data and records include, but are not limited to, the approved Technology Control Plans (TCPs), export control determinations, international travel and shipments, and ECCP-PI communication;
- Research data and records involving the Office of Sponsored Programs, Institutional Animal Care and Use Committee, Environmental Health and Safety, Institutional Biosafety Committee, and University-affiliated entities must be maintained consistent with their policies or requirements;
- Research data and records that contain information covered by the European Union’s General Data Protection Regulation (GDPR) must be maintained and retained per GDPR requirements; and
- If other regulations, federal oversight, sponsor policies or guidelines, journal publication guidelines, or other University policies require longer retention, all applicable sources must be reviewed and the research data must be kept for the longest period of time applicable. At an absolute minimum, research data must be maintained for a minimum of three years after the financial report for the project period has been submitted or, for non-sponsored projects, after the project has ended and the budget reconciled (if applicable).
Research data is considered separate from institutional data at UNL, although all research projects will also involve institutional data through the records of persons involved in conducting research. Per the NU Institutional Data Use Policy (ID-01), institutional data includes information created, collected, maintained, transmitted, or recorded by or for the University to conduct University business. It includes data used for planning, managing, operating, controlling, or auditing University functions, operations, and mission. Institutional data includes, but is not limited to information in paper, electronic, audio, and visual formats. Institutional data retention policies vary by type of data, and the specific guidance provided under University-Wide Policies & Guidelines should be consulted. It may be necessary to store research-related institutional data separately from research data to reduce risk or increase usability.
It is the policy of the University of Nebraska, as a state and federally funded University system, to assert ownership over research data for projects conducted at the University, under the auspices of the University, or with University resources. (There are exceptions for research data produced by students, except under certain circumstances. See EM41 Section 1 for more details.) It is expected that original research data generated at UNL, will stay at UNL. If personnel leaves, copies may be shared or transferred under specific conditions (see EM41 Section 7).