Government
and Public Affairs
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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