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Article
Certificates of Confidentiality: Legal Counsels' Experiences With and Perspectives on Legal Demands for Research Data
Journal of Empirical Research on Human Research Ethics
  • Leslie E. Wolf, Georgia State University College of Law
  • Lauren A. Dame, Duke University
  • Mayank J. Patel, Georgia State University
  • Brett A. Williams, Georgia State University College of Law
  • Jeffrey A. Austin, Georgia State University
  • Laura M. Beskow, Duke University
Document Type
Article
Publication Date
10-1-2012
Abstract

The Certificate of Confidentiality (Certificate) is an important tool for protecting identifiable, sensitive human subjects research data in the United States. However, little is known about the Certificate’s effectiveness in protecting identifiable data. We interviewed 24 legal counsel representing U.S. research institutions about their experiences with legal demands for research data. Our respondents reported few, if any, legal demands over the course of their tenure, but two- thirds had experience with legal demands for data protected by a Certificate. They reported such demands often were resolved without disclosure of identifiable research data, typically without court intervention. While our respondents reported similar success protecting identifiable data in court, they often did not rely on the Certificate to do so.

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External Links
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DOI
10.1525/jer.2012.7.4.1
Citation Information
Leslie E. Wolf, Lauren A. Dame, Mayank J. Patel, Brett A. Williams, Jeffrey A. Austin, & Laura M. Beskow, Certificates of Confidentiality: Legal Counsels' Experiences With and Perspectives on Legal Demands for Research Data, J. Emp. Rsch. Hum. Rsch. Ethics, Oct. 2012, at 1.