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First of all, under the Federal Freedom of Information Act
(FOIA), it does not matter who sponsored a study.  The question
is whether or not the records in question are in the possession
of the Agency.  In the case of a clinical trial sponsored by NIH
but conducted by another entity, I doubt the Agency would have
the identities of the subjects.

Second, Section 552(b) states that the Act "does not apply to
matters that are .... (6) personnel and medical files and similar
files the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy"

Given this language, I doubt that a court would be persuaded to
release personal data because somebody thinks it's in the
interest of the patients.


----- Original Message -----
From: "[log in to unmask]" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Sunday, August 27, 2006 1:27 PM
Subject: Re: Looking for participants in GDNF trial - can you
help?


Thanks for your suggestion Bob. Unfortunately the phase II GDNF
trial
was sponsored by Amgen, not the NIH or another federal agency, so
I
don't think the Freedom of Information Act would apply, but i'll
check on it.
Linda

-- Bob Allison <[log in to unmask]> wrote:
LInda  I'm sure you have thought about this already, but wouldn't
the
names
be subject to a Freedom of Info request since the trial was
sanctioned by a
gov't agency.  I assume that Amgen is not providing them due to
HIPPA.  But
has that been challenged in court due to an overriding concern
for the
benefit of the patient.  Bob

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