Research in Native American Communities in the Genetics Age: Can the Federal Data Sharing Statute of General Applicability and Tribal Control of Research be Reconciled

Authors

• Ron J. Whitener, University of Washington School of Law

Document Type

Article

Abstract

This article will examine several case studies highlighting the history of research conflicts to provide a context for Native American concerns with free researcher access to tribal members and their data. It will look at the federal law related to sharing data collected with federal funding and NIH’s implementation of that law, including specific data sharing policies related to genetic research. Finally it will discuss potential strategies to preempt the data sharing laws through judicial exceptions application of federal laws of general applicability by creating tribal frameworks for research conducted under tribal regulatory authority and for sharing of tribal data, whether they be stories or tissue samples.

Recommended Citation

Ron J. Whitener, Research in Native American Communities in the Genetics Age: Can the Federal Data Sharing Statute of General Applicability and Tribal Control of Research be Reconciled, 15 J. Tech. L. & Pol'y (2010).
Available at: https://scholarship.law.ufl.edu/jtlp/vol15/iss2/3