Doing it Wrongly: The University of Tennessee

The University of Tennessee Health Science Center in Memphis doesn’t want you to be able to read its laboratory safety records.

Some universities try to use state laws to prevent release of records under the federal NIH Guidelines. This problem most frequently occurs in states with lousy open records rules. The worse the state law, the more likely the university will try to use it against requests for IBC records.

But state laws have nothing to do with the NIH Guidelines and cannot be used to undermine the Public Access Provisions. That doesn’t stop the universities from trying, however, and they are effectively encouraged to do so because of the NIH Office of Science Policy’s (OSP) extreme reluctance to enforce its own rules.

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