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ASPET Response to USDA E-FOIA Policy

February 8, 2002

 

Dr. Chester Gipson
Acting Deputy Director
Animal and Plant Health Inspection Service/Animal Care-DA
U.S. Department of Agriculture
4700 River Road, Unit 97
Riverdale, MD 20737

Dear Dr. Gipson:
 

On behalf of the Council of the American Society for Pharmacology and Experimental Therapeutics (ASPET), I write to urge that the U.S. Department of Agriculture Animal and Plant Health Inspection Service revise the procedures for the release of Animal Welfare Act animal facility inspection reports under the Freedom of Information Act (FOIA). ASPET believes that the release of certain information under FOIA and the practice of making these reports available electronically under E-FOIA may threaten researchers and their institutions.  ASPET is a professional association representing 4,500 pharmacologists in academia, industry, and government. 

            Since October 1, 2001, animal facility inspection reports have been posted on Animal Care’s web page as part of agency compliance with the FOIA amendments of 1996, known as “E-FOIA.”  ASPET encourages APHIS to reexamine its animal facility inspection report format and FOIA release procedures.  

Animal inspection reports currently may include the number, species and location where research is conducted, the types of research conducted, and the names of research and veterinary care personnel.  The potential for misuse and criminal intent by animal rights activists has proven significant in the past.  The ability of individuals to obtain inspection reports over the Internet, unlike other mechanisms for the release of such data, provides anonymity to militant animal rights activists.  Another critical problem with posting inspection reports is that there is no mechanism for reviewing and assuring the accuracy of the inspection report nor is there the opportunity to redact proprietary information prior to posting.  Furthermore, since reports are sometimes disputed, resolved and revised, the original report should not be posted until it is in its final form.  At the least, a revised report should replace the original. 

ASPET strongly urges the USDA to consider the inherent threats to researchers and institutions regarding these procedures.  If reports are to be offered over the Internet they should be posted only in their final form and not contain personnel or proprietary information.   

Sincerely,

Marlene L. Cohen
ASPET President

 


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