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United States Science

EPA Finalizes Rule Limiting Research Used for Public Health, Environmental Policy (axios.com) 66

The Environmental Protection Agency has finalized a rule that limits scientific research used in the crafting of public health and environmental policy. From a report: Researchers argue the rule that prioritizes studies with all data available publicly "essentially blocks" research that uses personal information and confidential medical records that can't be released because of privacy conditions, per the New York Times, which first reported the news Monday. A requirement to disclose raw data would have prevented past major studies from going ahead. "Such studies have served as the scientific underpinnings of some of the most important clean air and water regulations of the past half century," the Times notes. The EPA declined a request for comment, but referred Axios to an op-ed by Administrator Andrew Wheeler in the Wall Street Journal published Monday evening headlined, "Why We're Ending the EPA's Reliance on Secret Science." Wheeler is expected to officially announce the rule Tuesday. In the op-ed, Wheeler insists the rule is "not a stick for forcing scientists to choose between respecting the privacy and rights of their study participants and submitting their work for consideration."
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EPA Finalizes Rule Limiting Research Used for Public Health, Environmental Policy

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  • Not a stick (Score:4, Insightful)

    by Immerman ( 2627577 ) on Tuesday January 05, 2021 @11:24AM (#60898970)

    >"not a stick for forcing scientists to choose between respecting the privacy and rights of their study participants and submitting their work for consideration."

    Of course not - it's a lever for getting all that annoying medical science and public health bullshit out of the way of protecting corporate exploitation of the environment. Tragedy of the commons? More like windfall of the corporations, am I right?

    • >"not a stick for forcing scientists to choose between respecting the privacy and rights of their study participants and submitting their work for consideration."

      Of course not - it's a lever for getting all that annoying medical science and public health bullshit out of the way of protecting corporate exploitation of the environment. Tragedy of the commons? More like windfall of the corporations, am I right?

      Exactly. Because we'd still have BPA, wouldn't have the research that shows that autism is tied to glyphosate use, and a lot of other things that impede business. All things that require that the results are referenced to humans.

      HIPPA is about as bitched up a rule as you can get.

      Here's a solution: Assign patient numbers that can be referenced by a trusted professional Medical doctor. They can work with Researchers and testify under oath as needed that Patient 59B is a real patient who exists, the cond

      • Re:Not a stick (Score:4, Insightful)

        by flink ( 18449 ) on Tuesday January 05, 2021 @12:39PM (#60899408)

        Here's a solution: Assign patient numbers that can be referenced by a trusted professional Medical doctor. They can work with Researchers and testify under oath as needed that Patient 59B is a real patient who exists, the condition Patient 59B has is accurately depicted if there are questions.

        It's not as simple as this. Depending on the size of the cohort, demographics, and locality, seemingly innocent demographics that might be pertinent to the research can be considered identifying PHI when taken together.

        For example, if you were looking for elevated cancer rates in people living near a chemical plant in rural Maine, then the fact that one of the subjects is a 72 year old single black male with a history of diabetes might be pertinent to the research. However, if there are only like 5 black households in the area covered by the study, you couldn't publish that fact as it would be too easy to identify the individual using publicly available information.

        • Here's a solution: Assign patient numbers that can be referenced by a trusted professional Medical doctor. They can work with Researchers and testify under oath as needed that Patient 59B is a real patient who exists, the condition Patient 59B has is accurately depicted if there are questions.

          It's not as simple as this. Depending on the size of the cohort, demographics, and locality, seemingly innocent demographics that might be pertinent to the research can be considered identifying PHI when taken together.

          Actually, it is simple. Problem is, someone's worried about the color of someone's pubes, as if that's a problem.

          For example, if you were looking for elevated cancer rates in people living near a chemical plant in rural Maine, then the fact that one of the subjects is a 72 year old single black male with a history of diabetes might be pertinent to the research. However, if there are only like 5 black households in the area covered by the study, you couldn't publish that fact as it would be too easy to identify the individual using publicly available information.

          Who exactly is going to take a 20 percent chance of identifying a specific person as being personally identifiable? Especially when all the information is given away by hospitals whne hacked anyhow. This all ends up being an exercise in weirdness, like the guy I kicked out of a meeting for not wearing a mask, claiming he had a health problem that he was not required to tell me about. Well, I sup

          • Re:Not a stick (Score:4, Informative)

            by flink ( 18449 ) on Tuesday January 05, 2021 @02:01PM (#60899864)

            Who exactly is going to take a 20 percent chance of identifying a specific person as being personally identifiable? Especially when all the information is given away by hospitals whne hacked anyhow.

            Some random stranger on the internet probably won't care and won't find it useful, but some nosy neighbor might. Someone familiar with the community might know that 4 of those households don't have any elderly people in them and be able to narrow it down to 1 guy. Depending on what is disclosed, that could cause real problems for that person.

            I never met a person with a health issue who wasn't more than happy to tell me all about it anyhow. Does HIPPA override a personal desire to have the world know?

            And what if you are studying psych issues, or STDs? What if the collected data includes drug use history, addiction, or sexual orientation? You don't think being outed as gay, HIV+, or transgender has ever been a problem for someone? Never gotten anyone fired? Disowned by their family? Never gotten anyone killed?

            You don't get to make the decision to disclose this stuff on behalf of people. If these types of disclosures become routine, you will find that volunteers for studies will dry up and less of this type of science gets done, or gets done much more slowly and at greater cost. I suspect this is precisely the intent of this new rule.

            • If these types of disclosures become routine, you will find that volunteers for studies will dry up and less of this type of science gets done, or gets done much more slowly and at greater cost. I suspect this is precisely the intent of this new rule.

              I think that kneecapping research has been done. It's stopped now, because they cannot disclose the data they use. I trust that you are very happy with this? One thing is for certain, a lot of stuff will be brought onto the market, and if it kills you, at least someone made some profit. The cool part is that you can't even be used as possibly being killed. This is a great day for manufacturing. Maybe we can bring back that awesome greeen wallpaper that has arsenic in it. Can't prove it isn't healthy becaus

              • by flink ( 18449 )

                This kind of science got done in the days before HIPAA and it was still routine to anonymize personal information. These days I think you would be hard pressed to find an IRB that would approve spraying the subjects' personal information all over the internet, regulations and consent nonwithstanding.

                • As others have alluded - it used to be possible to make a good-faith attempt to anonymize data. Now with World + Dog assembling massive cross-referenced databases of both publicly available information and internet surveillance, it has become trivial to de-anonymize pretty much any collection of personal data.

                  • As others have alluded - it used to be possible to make a good-faith attempt to anonymize data. Now with World + Dog assembling massive cross-referenced databases of both publicly available information and internet surveillance, it has become trivial to de-anonymize pretty much any collection of personal data.

                    I guess health research is pretty much over.

                    • Why? You don't have to make your raw data public to publish your results - in fact it's not super common to do so in any field - very often the closest you'll get is an imprecise graph of datapoints. Raw data is only useful for finding calculation flaws - proper peer review requires independent corroboration of your results using an independent sample.

                      You can even potentially share raw data with other researchers who have agreed to similarly stringent patient privacy protections.

                      What you *can't* ethically

    • I think pollution is starting to become an issue of identity politics, the way mask wearing has. People will fight for the freedom of fracking companies to pump Mystery Fluid into the ground until their tap water smells like nail polish remover. Freedom!
  • Fuck Wheeler... (Score:5, Informative)

    by killfixx ( 148785 ) * on Tuesday January 05, 2021 @11:25AM (#60898972) Journal

    His history (https://blog.ucsusa.org/elliott-negin/andrew-wheeler-decimated-epa) shows he has nothing but contempt for the environment.

    How can anyone condemn their successors to hell-scape that America is becoming because of their decisions. What kind of monster has that little forethought or conscience?

    Fuck Wheeler.

    • Don't worry. When Biden takes office on January 20th, he'll have this stupidity undone.

      If we're really luck, Biden will have the DOJ investigate the con artist for his corruption and violations of election laws and have him thrown in jail.

      • American tradition, and same here in the UK: When the people in charge of government change, their first order to business is to purge government of all those loyal to the last government and their ideology and replace them with a whole new set of administrators, who then repeat the process going down the line. In this case it's a good thing, but Wheeler got into the position by the same process. And it makes long-term planning a nightmare. You can't depend on any policy to endure much past the next electio

      • Biden might undo this, but it will take a while. Biden can't just do it by executive fiat. There are lots of hoops to go through to change this sort of thing (this is why the rule took 4 years before being finalized).

        • And there's no shortage of Republicans ready to apply what was used to delay and block Trump against a Democratic president.

          You were warned about this. I assume someone will write another bleat how they are shocked -- shocked! -- that their tactics are "being weaponized against us."

      • Don't worry. When Biden takes office on January 20th, he'll have this stupidity undone.

        If we're really luck, Biden will have the DOJ investigate the con artist for his corruption and violations of election laws and have him thrown in jail.

        If his bold faced threats against the Secretary of State in GA are not prosecuted, we are no longer a country of laws. Did you listen to that recording? Chilling.

      • Re:Fuck Wheeler... (Score:5, Insightful)

        by AmiMoJo ( 196126 ) on Tuesday January 05, 2021 @12:15PM (#60899272) Homepage Journal

        Problem is the Democrats will have to expend time and political capital undoing all this shit. They have to go through the democratic processes, agree on a replacement, get any needed votes done.

        It's all time and energy wasted that they could be using for more productive stuff, rather than just undoing the damage the last lot did.

      • Don't worry. When Biden takes office on January 20th, he'll have this stupidity undone.

        Not necessarily. It is not easy to change official policy/rules once they are codified. There is a process involved in changing the rules. See the difficulties the Trump administration had in revoking the "dreamers" rules.

  • Said X, Means Y (Score:5, Insightful)

    by omfglearntoplay ( 1163771 ) on Tuesday January 05, 2021 @11:42AM (#60899098)

    Said this:
    "I don't mean to be rude, but..."
    Means:
    I'm going to be rude, but....

    Said this: ...the rule is "not a stick for forcing scientists to choose between respecting the privacy and rights of their study participants and submitting their work for consideration."
    Means:
    The rule IS a stick for forcing scientists to choose between respecting the privacy and rights of their study participants and submitting their work for consideration.

  • This was at the end of the article and it's just really funny.

    Thomas Sinks said, "based on a conspiracy theory, which is that EPA practices secret science" despite no evidence to support this.

    How could there be any evidence of secret science? It's secret! He's such a jokester...

  • If there are privacy issues just ask for either a release or make an attempt at anonymizing the data.

    If there are so few people or institutions that they can be re-identified, that means you're using too few subjects.

  • Pick One: (A) USA Progress Polity, (B) U$A Profit Polity.
    Does Plutocrat Polity Prevent Progress?
    Does Isocracy Polity Prevent Profit?

    Thanks for the Info.

  • ...and have some fun [cartoonstock.com] with EPA.
  • Sounds like science to me. The scientific method is based on being skeptical of a claim unless you can see the data, see how the experiments were run, and if desired validate it yourself. If data or processes are hidden - it's hard to validate. And thus should be discounted.
  • Researchers sign legal documents that say they will not publish any personal information used in the research. That personal information is very important for many kinds of research that will eventually help people. Without that how will they even do important research. Must they ask permission for each and every person to use their personal information? That's just more red tape and in this case it WILL hurt people because some research will be impossible. On the positive side US will now have to pay other

  • Good this this rule will only last a few weeks.

Don't panic.

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