Data Access

CRE Analysis

15. Potential Harassment of Researchers

Comment by American Lung Association

CRE Response:

The responding researcher or institution would be required to produce to the government for disclosure any particular data set only once. Thereafter, additional requests for the same data would be handled by the awarding agency. Outside interest groups therefore will be unable to interfere with the work of "targeted" researchers through the filing of duplicative FOIA requests.

In addition, the American Lung Association's opposition to the data access law on the basis that the public may be given an opportunity to "unfairly discredit the data", is a premised on a very weak argument. Challenges by other scientists, not only to the validity of the research findings, but in some instances to the data themselves, are absolutely imperative to the healthy progress of science.

Moreover, efficient data management should minimize the time required to respond to individual FOIA requests. The data collection and management practices of investigators will become more efficient after an adjustment period. Therefore, responding to data requests from previous research should not become burdensome, and should not disrupt current research.