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5. Research material or publications

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  • Georgia

    The Act has a number of research-related exemptions.

    The Act exempts from disclosure “[d]ata, records, or information of a proprietary nature produced or collected by or for faculty or staff of state institutions of higher learning, or other governmental agencies, in the conduct of, or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information has not been publicly released, published, copyrighted, or patented.” O.C.G.A. § 50-18-72(a)(35).

    The Act also exempts “[a]ny data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of an institution of higher education or any public or private entity supporting or participating in the activities of an institution of higher education in the conduct of, or as a result of, study or research on medical, scientific, technical, scholarly, or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity, until such information is published, patented, otherwise publicly disseminated, or released to an agency whereupon the request must be made to the agency.” § 50-18-72(a)(36). This exemption applies but is not limited to “information provided by participants in research, research notes and data, discoveries, research projects, methodologies, protocols, and creative works.” Id.

    Further, the Act exempts “[r]ecords disclosing the identity or personally identifiable information of any person participating in research on commercial, scientific, technical, medical, scholarly, or artistic issues conducted by the Department of Community Health, the Department of Public Health, the Department of Behavioral Health and Developmental Disabilities, or a state institution of higher education whether sponsored by the institution alone or in conjunction with a governmental body or private entity.” § 50-18-72(a)(39).

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  • New Mexico

    There is no reported statutory or case law addressing this issue.

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