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In considering questions of the confidentiality of data, courts have focused their inquiry on the interests of litigants and the public, but they have neglected the fundamental privacy interests of participants. Because participants divulge their most private thoughts and experiences in research, involuntary breaches of their confidentiality should be barred. Congress has recognized this principle in the provision of certificates of confidentiality for mental health research, but ambiguity in the relevant section of the Public Health Service Act renders such protection less strict than Congress intended. Protection of confidentiality should extend beyond litigation to secondary data analysis, when there is a significant risk that participants’ identity will be divulged.
Law and Human Behavior – American Psychological Association
Published: Jun 1, 1988
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