Repetitive FOIA requests could be filed in an effort to delay or prevent the research. Complying with these requests is likely to be costly and cumbersome. These requirements could have a chilling effect on research in areas deemed controversial, or that evokes the greatest public interest and concern. Ownership or origin of research data is not easily determined. Data come in many forms, such as writings in notebooks, records of interviews, printouts from machines, entries in medical records, and computer-generated drawings.
Data can also originate under many different scenarios.
There are data brought by the investigator to the project, data provided to the project from another source, data generated under private funding which are then added to data generated under federal funding, and, finally, data generated in such a manner that it would be impossible to determine what the source of funds was that created the record. In sum, raw data do not always come in discrete packages or in such a manner that it is easy to determine their origin. We are also concerned that these requirements will discourage collaborations with international research agencies, since other countries will not have similar data-sharing policies in place. We are very concerned about the ability of research institutions to recoup the costs associated with compliance with these requirements. Further, we understand that present federal policy calls for all agency fees to be turned over to the Treasury, so these requirements may also not enable agencies to recoup their costs.