What are the legal requirements for sharing information obtained through biomedical research?
In New York, the legal requirements for sharing information obtained from biomedical research depend on the type of research. If the research was funded, or is the basis of a publication, by the federal government, there is a legal obligation to share the data in a timely and accessible manner. All other research falls under New York State’s Freedom of Information Law, which requires the research team to make the results of their research publicly available in a timely fashion upon request. The research team itself is also responsible for determining the scope of information to be shared. To ensure that the research team is following any applicable laws, they must carefully assess any relevant privacy or ethical considerations that may be associated with the data. This might include determining if any patient information needs to be stored or handled confidentially, or making sure any results are not shared in a way that would be seen as misleading or damaging to vulnerable individuals. The research team must also consider copyright law when determining how to share the information. Copyright law protects works of authorship, including research results, from reproduction or use without the author’s permission. Researchers should be aware of the laws and regulations in place to ensure they are not running afoul of copyright law when sharing their results.
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