Data Use Agreement

Population Assessment of Tobacco and Health (PATH) Study (NIDA)

Attachment 18
PATH Study
ICPSR Data Use Agreement
June 26, 2014

Population Assessment of Tobacco and Health (PATH) Study (NIDA)

Restricted Data Use Agreement
INSTRUCTIONS: Please submit an original-signature copy of this agreement; this will be
countersigned and a copy returned to you.
The Restricted Data Investigator and the Receiving Organization agree to the following terms and
conditions:

Terms
1. "Restricted Data" refers to the original restricted data provided by ICPSR and any fields or
variables derived from these data, on whatever media they shall exist. (Aggregated
statistical summaries of data and analyses, such as tables and regression statistics, are not
considered "derived" for the purposes of this agreement.)
2. "Restricted Data Investigator" refers to the investigator who serves as the primary point of
contact for all communications involving this agreement. The Restricted Data Investigator
assumes all responsibility for compliance with all terms of this agreement by employees of
the receiving organization.
3. "Principal Investigator(s)" refers to the Restricted Data Investigator and any Co-Principal
Investigators.
4. "Receiving Organization" refers to the organization employing the Restricted Data
Investigator.
5. "Research Staff" refers to any individuals other than the "Restricted Data Investigator(s)"
with access to the restricted data.
6. The "Representative of the Receiving Organization" refers to an individual who has the
authority to represent your organization in agreements of this sort, such as a Vice President,
Dean, Provost, Center Director, or similar official. (Note that a Department Chair is not
acceptable unless specific written delegation of authority exists.)
7. "ICPSR" refers to the Inter-university Consortium for Political and Social Research.

Items Incorporated by Reference
8. The Application for Restricted Data, as approved by ICPSR, is incorporated by reference
into this Agreement.
9. The Supplemental Agreement with Research Staff, as approved by ICPSR, is incorporated
by reference into this Agreement.
10. The Data Protection Plan, developed by the Restricted Data Investigator, is incorporated by
reference into this Agreement.

Ownership of Data
11. Ownership of restricted data will be retained by ICPSR. Permission to use restricted data by
the Investigator(s) and Receiving Organization may be revoked by ICPSR at any time, at
their discretion. The Investigator(s) and Receiving Organization must return or destroy all
1

Population Assessment of Tobacco and Health (PATH) Study (NIDA)

originals and copies of the restricted data, on whatever media it may exist, within 5 days of
written request to do so.

Access to the Restricted Data
12. Access to the restricted data will be limited solely to the individuals signing this agreement
and the Supplemental Agreement With Research Staff, as detailed in the approved Data
Protection Plan. The data may not be "loaned" or otherwise conveyed to anyone other than
the signatories to this agreement.
13. Copies of the restricted data or any subsequent variables or data files derived from the
restricted data will not be provided to any other individual or organization without the prior
written consent of the ICPSR.

Uses of the Restricted Data
14. The restricted data will be used solely for the purpose of scientific and public policy
research, and not for any administrative, proprietary, or law enforcement purposes.
15. The restricted data will be used to generate only statistical summary information that does
not allow any individual, family, household, business, or organization to be identified.
16. The restricted data will be used solely for the research project described in the Application
for Restricted Data incorporated by reference into this document.
17. No attempt will be made to identify any individual person, family, household, business, or
organization. If an individual person, family, household, business, or organization is
inadvertently identified, or if a technique for doing so is discovered, the identification or
discovery will be immediately reported to ICPSR, and the identification or discovery will
not be revealed to any other person who is not a signatory to this agreement.
18. No attempt will be made to link this restricted data with any other dataset, including other
datasets provided by ICPSR, unless specifically identified in the approved Application for
Restricted Data.
19. Use of the restricted data will be consistent with the receiving organization's policies
regarding scientific integrity and human subjects research.

Data Confidentiality Procedures
20. If the Receiving Organization requires a review of research proposals using secondary
survey data by an Institutional Review Board/Human Subjects Review Committee or
equivalent body, that review has taken place and all approvals have been granted prior to
application for use of the restricted data.
21. The Receiving Organization will treat allegations, by ICPSR or other parties, of violations
of this agreement as allegations of violations of its policies and procedures on scientific
integrity and misconduct. If the allegations are confirmed, the Receiving Organization will
treat the violations as it would violations of the explicit terms of its policies on scientific
integrity and misconduct.
22. The Restricted Data Investigator certifies that all aspects of the Data Protection Plan, as
approved by ICPSR, will be followed until which time all copies of the restricted data are
destroyed.

2

Population Assessment of Tobacco and Health (PATH) Study (NIDA)

Destruction of Data Upon Completion of Research Project
23. The Restricted Data Investigator will certify to ICPSR that all originals and copies of the
restricted data, on whatever media, will be destroyed at the completion of the research
project described in the Application for Restricted Use Data or within 5 days of written
request from the ICPSR.

Duration of This Agreement
24. This Agreement will go into effect upon approval of the Agreement by ICPSR, and will
remain in effect until the completion of the research project, as noted in the Application for
Restricted Use Data, or 24 months from the date this Agreement is accepted by ICPSR,
whichever comes first. If, at the end of 24 months, access to the restricted data is still
desired, the Restricted Data Investigator must contact ICPSR in writing requesting such
continued access. If continued access is denied by ICPSR, or if the Restricted Data
Investigator neglects to contact the ICPSR prior to the end of the 24-month period, all
originals and copies of the restricted data, on whatever media they exist, must be destroyed
by the Restricted Data Investigator.

Post-Approval Modifications to Submitted Materials
25. If changes in research plans or computer environment will alter the information originally
submitted as part of this Agreement, the Restricted Data Investigator shall provide the
ICPSR with a copy of the revised materials and a memorandum describing the changes in
advance of the revisions. These revisions will be considered amendments to this agreement
and may not be implemented until written approval is received by ICPSR.
26. A change in the employer of the Restricted Data Investigator requires the execution of a
new Restricted Data Use Agreement and preparation of a new Data Protection Plan. These
materials must be approved by ICPSR before restricted data may be accessed at the new
place of employment.
27. When other research staff join the project, they shall submit the Supplemental Agreement
with Research Staff. Such supplemental agreements shall be submitted in a timely manner
but, in any event, prior to granting other research staff access to the data on whatever media
in which the data may exist.

Violation of This Agreement
28. If ICPSR determines that the Agreement may have been violated, ICPSR will inform the
Restricted Data Investigator(s) of the allegations in writing and will provide them with an
opportunity to respond in writing within 10 days. ICPSR may also, at that time, require
immediate return or destruction of all copies of the restricted data in possession of the
investigators. Failure to do so will be determined to be a material breach of this agreement
and, among other legal remedies, may be subject to injunctive relief by a court of competent
jurisdiction. If ICPSR deems the allegations unfounded or incorrect, the data may be
returned to the Restricted Data Investigator under the terms of the original agreement. If
ICPSR deems the allegations in any part to be correct, ICPSR will determine and apply the
appropriate sanction(s).
3

Population Assessment of Tobacco and Health (PATH) Study (NIDA)

29. If ICPSR determines that any aspect of this agreement has been violated, ICPSR may
invoke these sanctions as it deems appropriate:
o Denial of all future access to restricted data files
o Report of the violation to the researcher's institution's office responsible for
scientific integrity and misconduct, with a request that the institution's sanctions for
misconduct be imposed
o Report of the violation to appropriate federal and private agencies or foundations
that fund scientific and public policy research, with a recommendation that all
current research funds be terminated, that future funding be denied to the
investigator(s) and to all other persons involved in the violation, and that access to
other restricted data be denied in the future
o Such other remedies that may be available to ICPSR under law or equity, including
injunctive relief
I certify that all materials submitted with this application for this restricted data are truthful.
Furthermore, I acknowledge that I am legally bound by covenants and terms of this agreement, and
that violation will constitute unethical professional practice and may subject me to the sanctions
listed above.

Restricted Data Investigator
Study Title:
Signature:
Date:
Typed Name:
Title:
Institution:
Building/Room Number:
Street Address:
City/State/ZIP:
Telephone:
Fax:
Email:

4

Population Assessment of Tobacco and Health (PATH) Study (NIDA)

Representative of the Receiving Organization
By signing this agreement, this organization agrees that access to these confidential data will be
restricted to authorized persons whose names appear on this agreement and the Supplemental
Agreement with Research Staff, and that this organization is legally bound by the covenants and
terms of this agreement.
Signature:
Date:
Typed Name:
Title:
Institution:
Building/Room Number:
Street Address:
City/State/ZIP:
Telephone:
Fax:
Email:
Representative of the Inter-university Consortium for Political and Social Research
Signature:
Date:
Typed Name:
Title:
(Signatory delegated by Chair of ICPSR Council)
ICPSR
P.O. Box 1248
Ann Arbor, MI 48106-1248
Fax: (734) 647-8200
email:netmail@icpsr.umich.edu

5