-Caveat Lector- http://www.boston.com/dailyglobe2/042/nation/Disclosure_law_worries_researc hers+ >.shtml > > Disclosure law worries researchers > > By Aaron Zitner, Globe Staff, 02/11/99 > > WASHINGTON - With rising >alarm, universities and hospitals > are moving to repeal a new >and little-noticed federal law > that requires them to release details >of their research to the > public, possibly including >confidential interviews and trade > secrets, if the work is backed by >federal funds. > > The law was included with little >debate in a 4,000-page > appropriations bill that Congress >approved as one of its final > actions last year. It says that ''all >data'' produced by > researchers receiving federal grants >can be obtained through > the Freedom of Information Act, a >federal law that gives citizens > access to government documents. > > Supporters of the law, who include >Senate Majority Leader > Trent Lott, say its intent is to >provide the public access to all > research used by federal agencies in >setting policies and > regulations. The measure arose from a >complaint by industry > groups that the Harvard School of >Public Health refused to > release data that federal regulators >relied on when they > proposed tougher air-quality standards >two years ago. > > But as news of the law trickles >through the research community, universities and hospitals >are reacting with > apprehension. They say the law could >result in much broader > releases of information, putting >notes, confidential material, and > incomplete or misleading data in the >hands of those who want to > use it for profit or who oppose the >research for political reasons. > >''I see nothing positive in this,'' >said Dr. Eugene Braunwald, who > oversees 2,000 researchers at Partners >Health Care, the > parent of Massachusetts General >Hospital and Brigham & > Women's Hospital in Boston. ''It's >mischievous. It was not > discussed. It was buried in a huge >bill without a full airing. This > is nothing you just slip in to >suddenly change the life of lots and > lots of scientists.'' > > ''We have grave concerns,'' said Kevin >Casey, spokesman for > Harvard University. ''This is a large >problem, and the more we > look into it, the more sirens go off.'' > > A wide range of other research >organizations expressed > concern about how the law will be >applied. They include the > National Academy of Sciences, the >Massachusetts Institute of > Technology, Boston University Medical >Center, and the > American Association of University >Professors. > >''There is no way to implement this >law that is tolerable,'' said > Dr. David Korn of the Association of >American Medical Colleges. > > Representative George Brown Jr., >Democrat of California, has > filed a bill to repeal the law, and 21 >lawmakers echoed the > research community's concerns in a >letter to the federal agency > charged with implementing the new measure. > > The Freedom of Information Act is a >32-year-old law that > compels government agencies to release >a wide variety of > documents on request. The law, >however, allows the > government to withhold information for >a variety of reasons, > such as national security and >''unwarranted'' invasion of > privacy. > >Those exemptions will prevent the >government from releasing > sensitive information gathered by >researchers, such as > confidential medical records or >proprietary material, said > Andrea Andrews, spokeswoman for >Senator Richard Shelby, > the Alabama Republican who wrote the law. > > Andrews said the law arose from a >dispute over Harvard's Six >Cities study, which tracked the health >of about 8,000 people for > close to 20 years and found a link >between air pollution and > health. When the EPA cited the study >in proposing tougher air > standards, lawmakers and industry >groups demanded that > Harvard release more details of its >work. The researchers > refused, saying that the habits, death >records, and medical > histories of their subjects were >obtained under confidentiality > agreements. > > The researchers allowed independent >scientists to review the > data, but Shelby believes better >access is needed. > > ''If the public pays for a study, then >we should be able to > examine that study,'' Andrews said. >''And agencies such as the > EPA should not be allowed to propose >regulations without > releasing the study on which they are >basing the regulations.'' > > But researchers say that the language >in Shelby's measure is so > broad that confidential information >might not be protected. > > Moreover, depending on how it is >interpreted, the law could >give anyone access to research data >before it is published, >violating a long-held tradition that >those who gather the data > get to interpret it first. Researchers >also worry that the law > might force them to disclose new >research that could be > patented and turned into profitable >products. > > ''We do a lot of industrially >supported research,'' said David > Litster, vice president for research >at MIT. ''Sometimes a > company will provide us with >confidential information - the > source code for software or something >else - that they do not > want public. This law just seems to >cast a very broad net, and > nobody knows quite what could be >scooped up.'' > > Researchers say that the scientific >process, by its very nature, > already requires that all pertinent >data be made public. > Scientific results are not valid >unless they can be reproduced, > and prominent journals will not >publish papers unless they > contain enough data to satisfy >independent reviewers. ''If > scientists don't put their work in the >pubic eye, it's not worth > anything to their careers,'' said Ruth >Flower of the American > Association of University Professors. > > Some academic groups also say they >fear the law will be used by > industry groups to harass researchers >whose work might lead > to tougher regulations. > > They cite the case of Dr. Paul M. >Fischer of the Medical College of > Georgia. In 1991, Fischer and others >released a study showing > that Joe Camel, the cigarette cartoon >symbol, was as well known > to 6-year-olds as Mickey Mouse. > > Tobacco giant R.J. Reynolds sought the >details of Fischer's work, > including the names and telephone >numbers of all children who > participated in the study and the >addresses, phone numbers, > and background information of the >people who interviewed > them. The company argued that Fischer, >as a public employee, > had to release this and other >information under Georgia's open > records law. The tobacco company won, >though the state law > was quickly amended so the children's >names remained > confidential. > > ''What happened to me was very clearly >not an attempt to > understand the science. This was an >attempt to shut down my > research operation,'' said Fischer, >who has since left the medical > school. The new federal law, he said, >''will be used by companies > to harass researchers. This is going >to be a mess.'' > > Scott Williams, a spokesman for the >five largest US tobacco > companies, said it was ''blatantly >unfair'' to say the industry > would use the new law to harass >researchers. > > Williams said that if researchers >''try to drive public policy, > then they should be prepared to have >their data face rigorous > public review.'' > > This story ran on page A01 of the >Boston Globe on 02/11/99. > © Copyright 1999 Globe Newspaper Company. > DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. 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