Peter:
 I have just completed a draft policy for our institution on data ownership, control, access, and retention.  I found nothing in the regs regarding ownership, although there is reference to the government's unlimited right to the data (see 48 CFR Part 211, 227, & 252).  And, in a pamphlet on ownership and retention published by the National Association of College and University Attorneys, Ann Stevens indicates that in 1994, PHS issued a statement indicating that data generated under PHS funding generally is owned by the institution.  Our policy is in draft form (going out to our investigators for comment before finalizing), and it currently states that the institution owns the data.  If I missed something in the regs, I'd appreciate hearing about it.  I'd be happy to share our draft policy if you are interested.

Diane Austin, CRA
Mgr., Research Review/Reg. Affairs
Marshfield Clinic
Division of Research
1000 N. Oak Avenue
Marshfield, WI 54449
Phone:  715-387-9134
Fax:  715-389-3131
Email:  xxxxxx@mfldclin.edu