Ethical and Legal Strategies for Protecting Confidential Research Information

Abstract

Abstract The paper begins with an outline of some legal and ethical principles regarding research confidentiality that frame researchers' choices, and then reviews the common law on privilege in Canada and the U.S. to show how researchers can design their research to maximise the legal protection of confidential research information. The paper describes various disciplinary ethics codes and the new federal Tri-Council Policy Statement on ethics to illustrate the principles that should be considered in the unlikely event that a Canadian court orders disclosure of confidential information that could harm a research participant. We conclude by proposing that universities and the three granting councils should campaign for statutory protection of research participants along the lines of the confidentiality certificates that are currently available in the United States for research on sensitive topics such as drug use, criminal activities, sexual behaviour, and genetic information.