DC Circ.'s Exploratory Data Ruling Is A Win For Transparency
By Lawrence Ebner & David Kanter, Law 360, Oct. 5, 2021
When scientists employed by universities, nonprofit institutes or corporations publish scientific studies, they routinely make their underlying research data available to peer reviewers and anyone else who is interested. A recent U. S. Court of Appeals for the District of Columbia Circuit decision, Pavement Coatings Technology Council v. United States Geological Survey, confirms that federal government scientists should be no different. They cannot shield their published work from professional, industry or public criticism by invoking Freedom of Information Act Exemption 5 — the deliberative process privilege — as a reason for refusing to disclose their exploratory research data.
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