Philip Morris International made its first Freedom of Information (FOI) request anonymously through a London law firm in September 2009. However, the Information Commissioner rejected the request on the grounds that that law firm, Clifford Chance, had to name its client.
Philip Morris then put in two further FOI requests under its own name seeking all of the raw data on which Stirling's Institute for Social Marketing has based its many studies on smoking knowledge, attitudes and behaviour in children and adults.
"They wanted everything we had ever done on this," said Professor Gerard Hastings, the institute's director.
"These are confidential comments about how youngsters feel about tobacco marketing. This is the sort of research that would get a tobacco company into trouble if it did it itself."
The information is anonymised and cannot be traced back to the interviewees. Philip Morris told the Independent that it is not seeking private information on named individuals.
"As provided by the FOI Act, confidential and private information concerning individuals should not be disclosed," said Anne Edwards, director of external communications at Philip Morris. "We made the request in order to understand more about a research project conducted by the University of Stirling on plain packaging for cigarettes."
Stirling University is part of the UK Centre for Tobacco Control Studies, a network of nine universities, and is considered one of the premier research institutes for investigating smoking behaviour. Its Institute for Social Marketing receives funding from the Department of Health as well as leading charities and its research findings have been used as evidence to support anti-smoking legislation.
Cancer Research UK funded the Stirling research into the smoking behaviour of British teenagers in order to answer basic questions about why 85 per cent of adult smokers started smoking when they were youngsters. The researchers at Stirling have built up an extensive database of interviews with 5500 teenagers to analyse their attitudes to cigarette marketing, packaging and shop displays. "It is a big dataset now because we've been in the field several times talking to between 1000 and 2000 young people each time - going down to the age of 11 and up to the age of 16," Professor Hastings said. "These kids are often saying things they don't want their parents to know. It's very sensitive."
Asked what would happen if he lost the fight against Philip Morris, Professor Hastings said: "It would be catastrophic. I don't think that's an outcome I would like to contemplate. It is morally repugnant to give data confidentially shared with us by children to an industry that is so rapacious."
Linda Bauld, professor of socio-management at Stirling, said that other universities in Britain and abroad were following the case with trepidation: "Our colleagues in the community ... will not be willing necessarily to hand over information."
Professor Hastings said Philip Morris's demands have taken up large amounts of time and resources, diverting his department's attention from its primary role of investigating smoking behaviour. "We have spent a lot of time on this. A research unit like ours simply can't afford this," he said. "But for me the crux is the trust we have with young people. How easy will it be for us to get co-operation from young people in the future?
"Our funders will have to think carefully about the further funding of our research. I don't think for one moment a cancer charity is going to take kindly to paying us hundreds of thousands of pounds to give aid and succour to a multinational tobacco corporation."
- Independent