Each institution should have a policy regarding ownership of data, or of
the records of data.  Federal regulations related to grants and contracts
require the institution to be able to act is if "owns" certain
things.  Without a policy, this becomes a very murky area when push comes
to shove, because universities generally do not lay claim to everything
their employees do.  The trick is a policy that gives the institution only
what it needs and leaves all the rest in the hands of the investigator.

My suggestions are to differentiate between "information" and certain
records of that information, e.g., "original observations and methods of a
study and the analyses of these original data that are necessary for
reconstruction and evaluation" of the work.  You are not claiming the
information, just the records.  Then you can charge the investigator with
custody, preservation, retention, access, etc. on behalf of the
institution, keeping only the authority to take possession of the records
when necessary.  In that way the institution can access the records when
needed, to submit a report when the PI does not, or to deal with charges of
scientific misconduct.  You also need to recognize a method of moving those
records, so the investigator can take them, or a copy, when he leaves.

Contact me directly if you want to see a draft policy with FAQ that reaches
these ends.

Chuck

At 09:48 AM 3/17/2004, you wrote:
>A question has arisen here with regard to who owns (and controls)
>data and/or laboratory note books. Some of the data relates to social
>and behavioural science research (e.g., large scale surveys,
>questionnaires with external organizations such as schools and
>industry, etc.)
>
>Do other institutions have formal policies on ownership of data,
>access to data by faculty and students other than PI, and when/if
>data might be made available to third parties (subject to terms of
>use in any consents)?
>
>If individuals wish to respond directly to me, I will ollate
>responses and post on the listserv.
>Thank you,
>
>
>--
>Michael Owen, Ph.D., Director, Office of Research Services
>  & Interim Director, Cool Climate Oenology and Viticulture Institute (CCOVI)
>Brock University
>500 Glenridge Avenue
>St Catharines, ON  L2S 3A1
>
>Office of Research Services:
>Tel:    905-688-5550,  Ext 3127
>Fax:    905-688-0748
>
>CCOVI:
>Tel:    905-688-5550, Ext 4716
>Fax:    905-688-3104
>
>Cell:   905-687-2383
>
>email:  xxxxxx@brocku.ca
>
>
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Herbert B. Chermside, CRA
Virginia Commonwealth University
PO BOX 980568
Richmond, VA  23298-0568
Voice:  804-827-6036
Fax     804-828-2051
e-mail xxxxxx@vcu.edu

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