{BLR 2856} Will New Federal Provisions Open Laboratory Notebooks to the Public?
Abstract
18 Biotechnology Law Report 144 Number 2 (April 1999) Mary Ann Liebert, Inc. {BLR 2856} Will New Federal Provisions Open Laboratory Notebooks to the Public? BONNIE LUTZ Legislation " intended to provide public access to research data produced under federal grants was included in the 1999 Omnibus Spending Bill passed October 1998.1 The legislation, Public Law 105277, directs the Office of Management and Budget (OMB) to amend Section â.36 of OMB Circular A-110 and require Federal awarding agencies to ensure that all data produced under an award will be made available to the public through the procedures established under the Freedom of Information Act (FOIA)."2 This legislation has generated a great deal of concern in universities, hospitals, and other research facilities.3 The American Society for Microbiology (ASM), the "largest single life science Society in the world with over 42,000 members," indicated that the "OMB proposal leaves many issues unresolved and creates others that require clarification."4 Researchers are concerned that anyone requesting information under FOIA will have access to laboratory notebooks unless the data therein is included in a specific FOIA exemption.5 Opponents of the amendment to Circular 110 fear that requiring the release of laboratory data could compromise