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10 October 2023

Royal Netherlands Academy of Arts and Sciences (KNAW) warns against proposed Knowledge Security Act

    Legislation for screening researchers from outside Europe should not be introduced, says the Academy. The systematic screening of large groups of researchers coming to our country – as currently proposed by the Dutch government – is too imprecise and virtually impossible to implement. Moreover, the plans are contrary to the principles of Open Science – i.e. the free exchange of knowledge – and academic freedom. These are the views of the Academy as set out in a position paper on knowledge security published today. 

    The existing system – with academics able to consult the National Knowledge Security Guidelines and the National Contact Point for Knowledge Security – works well. Nevertheless, a screening act is currently in preparation. Under the proposed legislation, scientists from outside the EU working in 'high-risk disciplines' (as specified on a government list) who wish to come to the Netherlands could easily be prevented from doing so. In the view of the Academy, however, the proposed legislation is disproportionate and also detrimental to the freedom of scientific pursuit. Screening based on such a list of disciplines will not be effective and can lead to a false sense of security. Sensitive knowledge can also ‘leak out’ in other ways than through researchers who come to the Netherlands. Moreover, the proposed legislation can lead to exclusion and discrimination. 

    According to the Academy, proper assessment of the risks involved in collaborating with a foreign institution or appointing a researcher from outside Europe demands a case-by-case approach:

    • Reinforce the existing mechanisms (the National Guidelines and the National Contact Point), raise awareness among researchers, policymakers and administrators, and provide them with support.
    • Assign responsibility for knowledge security where it belongs: the research institutions themselves.
    • It is researchers themselves who can best determine where the dangers and sensitivities of their research lie. They should therefore always be involved when international partnerships are being considered. 
    • Knowledge security issues differ greatly between the exact sciences, engineering, the medical/biomedical and social sciences, and the humanities. There should therefore be a separate assessment framework for each discipline.
    • Determine security risks based on such factors as the type of research (basic or applied), the development stage of a technology, the degree of freedom in the research partner's country, the geopolitical ambitions of governments, etc.

    The Academy also points out the terminological confusion that often arises when we talk about ‘knowledge security’. In its view, knowledge security encompasses (1) the undesirable transfer of knowledge and technology that may pose a threat to national security, (2) covert influence and interference by or from other states, and (3) ethical and integrity issues. It is important to always include these three aspects of knowledge security in discussions.

    The position paper on Knowledge Security was prepared by the Academy's Committee for the Freedom of Scientific Pursuit, whose chair is Janneke Gerards, professor of fundamental rights law at Utrecht University.  

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