Data Rights or Not

[wayforward]

Under a CPFF task order, contractor maintains a help line for a Govt Agency to provide assistance under a Govt run program. The contractor was explicitly not required to maintain a database per the SoW, however, the contractor established a database that over several years accumulated data on thousands of calls for assistance.

Contractor paid for telephone line out of its own funds because it had serveral several lines used for similar type services unrelated to the particular order. The phone no. was published in Govt assistance documents. Contractor loses the contract to provide help-line. Is the Contractor required to provide the data related to calls into the help line when the task order terminates? The Govt was provided details of the calls electronically throughout the service period. We say "no". Who owns this data?

[Guest Vern Edwards]

There are many considerations involved in answering your question. In my opinion, it cannot be answered on the basis of the very limited information that you have provided. You should consult a data rights attorney.

The issue with data generated or collected during contract performance is usually not who "owns" it, but the Government's right to obtain a copy of the data from the contractor and to disclose it to others in and out of the Government. Those rights are usually stipulated in the contract line item schedule and in data rights clauses. In order to get delivery of the data the Government usually must identify it in the contract as a deliverable. Rights to disclose it are usually stipulated in data rights clauses. In your case, there also may be Privacy Act issues. See FAR Subpart 24.1. There also may be a clause in the contract that restricts what you can do with information you collect about persons while providing assistance. (If there wasn't, there should have been.)

You would be wise to seek legal advice.