Answer 8. September 2019:
Knowledge will forever govern ignorance, and a people who mean to be their own governors, must arm themselves with the power knowledge gives. James Madison
I can not see that the complaint of denial of access dated 9. September 2019 has been dealt with in accordance with section 11a of the Public Administration Act, ie prepared and decided without undue delay. Reference is made to the Civil Ombudsman's statements, e.g. SOM 2007-01-23 that answers to both requests for access and complaints of rejection are usually treated within 1 - 3 business days.
Therefore, transmission to the general management level of complaints is required.
Walter Keim, 30. September 2019
The complaint was send to the Ministry of Health and Care Services 20. November 2019 (no copy to me).
The Ministry of Health and Care Services asked for additional information 5. December 2019 (no copy to me)..
14. January 2020: Complaint to Faculty of Medicine, University of Oslo: No progress visible.
The justice department of the University gave additional information 28. January 2020
3. February.2020: The Ministry of Health and Care Services rejects access to anonymized data: "The Ministry's assessment is that the information requested here will be able to be linked to individuals ... The average age of project participants is around 30 years, a period of life where deaths are rare, which provides tangible opportunity for back-identification... The exempted sections will constitute the most important parts of the document in both scope and content."
To
Professor
Ingrid Melle
UiO Det medisinske fakultet
Institutt for
klinisk medisin
Postboks 1039 Blindern
0315 Oslo, 1.
September 2019
Reference is made to Ingrid Melle et al. 2017. Causes and predictors of premature death in first-episode schizophrenia spectrum disorders: “Thirty-one participants (11%) were dead at follow-up (SMR 11.56; 95% CI: 7.86-16.42). Sixteen (6%) died by suicide (SMR 46.50, 95% CI: 26.58-75.51); seven (2.5%) from accidental overdoses or other accidents, and eight (2.8%) from physical illnesses, including three (1%) from cardiovascular disease. ”
Transparency is required in accordance with the FOI Act in the data underlying this conclusion.
Transparency can clarify some open questions and can strengthen confidence in the conclusions.
In this context, reference is made to Keller et al. 2001 "Study 329" (Wikipedia) where a re-analysis of raw data corrected the original conclusion.
Access has been has been tried before. Robert Whitaker October 11, 2018 Mad in America: “There is now a scientific trail to follow in this exchange. The lead author of the TIPS study responds to Gøtzsche's inquiry (bad science); the editor of the journal that published the article publishes a letter raising the question about the deaths (bad science); and the research director for one of the funders answered the question either (more bad science). ”
Regards,
Walter Keim
Netizen:
http://walter.keim.googlepages.com
Is it possible to enforce access to information in
Bavaria
http://wkeim.bplaced.net/files/enforce_access_to_information.html
Complaint to Human Rights Committee
Keim/Germany:http://wkeim.bplaced.net/files/Walter%20Keim%20v.%20Germany%20Communication%20to%20Human%20Rights%20Committee%2029%20June%202019.pdf
Answer
8. September 2019:
To Walter Keim.
The question of access has been discussed with the Faculty of Medicine.
Unfortunately, we must reject the request for access to research data that forms the basis of the TIPS research project. Research data on deaths in this research project has been provided by Statistics Norway, independent of the researchers in the research project. This research data consists of confidential information and researchers have a duty of confidentiality regarding the information that is processed in the research project. The legal basis for the rejection is FOI Act § 13, first paragraph: "Information that is subject to the obligation to impose law or in accordance with law is unsigned from access".
We refer here to in-depth information for FOI Act which states: "Section 13, first paragraph, of the Public Law states that information that is subject to the obligation of law or in accordance with the law is unsigned from access. In contrast to the other exceptions in the law, which merely gives a right to refuse access, section 13, first paragraph, means that the bodies have a duty to refuse access to information that is subject to the obligation to declare, which follows from the words "are unsigned from access" in section 13, first paragraph. Not extradited to give more transparency to such information. Extradition to the non-disclosure of information that is subject to the obligation to declare may, on the contrary, be punishable by section 121 of the Penal Code 1902."
With best regards
Ingrid Melle
Research Director
Complaint 9. September 2019:
To Research Director Ingrid Melle
NORMENT
Complaint against refusal of access pursuant to the Public Access Act in TIPS anonymized data
When FIO Act Section 13 "prohibits access to information that
is subject to the duty of confidentiality" where the information
relates to someone's personal circumstances, ie. § 13 no. 1. If it
is not possible to find out which person the information applies,
normally it will not be a breach of the duty of confidentiality to
pass on the information "
(Privacy
and public access by Professor Dag Wiese Schartum, UiO).
Reference is made to the Administration
Act "§ 13 a. (Limitations on the duty of confidentiality
when no protection is needed).
Confidentiality under section 13
does not prevent:
2. that the information is used when the need
for protection must be considered by providing it in statistical form
or by omitting individualizing characteristics in a different way. "
In-depth information for FOI Act arrange as follows on page 55:
"One prerequisite for the obligation of deception is that the information can be linked to specific information single persons. Information that is made anonymous or provided in statistical form so that they can not relate to certain persons, are not subject to the obligation to pay, even if they debts for sentencing health care, criminal offenses or other sensitive information. "
It has, for example. been asked "When did the suicides occur?" and what "What do accidental overdoses and other accidents mean?" ("seven (2.5%) by accidental overdoses or other accidents"). Here, the patients could, for example. anonymized to P-accident1 to P-accident7. There is no danger of identification.
There is public interest in this information: "Their study might give us a unique insight into why so many patients with such disorders die so young, but there was too little detail in their paper to provide this much needed knowledge."
In "Study 329" (Wikipedia), a re-analysis is based on anonymized raw data.
Regards
Walter Keim
Complaint to Human Rights Committee
Keim / Germany:
http://wkeim.bplaced.net/files/Walter%20Keim%20v.%20Germany%20Communication%20to%20Human%20Rights%20Committee%2029%20June%202019.pdf