The exploratory decision on the data of DC Circ. is a victory for transparency

By Lawrence Ebner and David Kanter (October 5, 2021, 5:07 p.m. EDT) – When scientists employed by universities, nonprofit institutes, or companies publish scientific studies, they regularly make their underlying research data available peer reviewers and anyone else interested.

A recent decision of the United States Court of Appeals for the District of Columbia Circuit¸ Pavement Coatings Technology Council v. United States Geological Survey,[1] confirms that federal government scientists should be no different.

They cannot protect their published work from professional, industry, or public criticism by invoking Freedom of Information Act Exemption 5 – the deliberative process privilege – as a ground for refusing to disclose their exploratory research data.

Exploratory data …

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