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SBS Guide for Researchers

Guide :: Certificate of Confidentiality

Certificate of Confidentiality

Unlike doctors or lawyers, researchers do not have the same legal privilege with their study participants; though a researcher may pledge to keep a participant’s information confidential, that information must be disclosed if a researcher receives a valid subpoena.  For research that involves sensitive information (information that could be damaging to a participant in a legal proceeding such as a custody case) or illegal behaviors, this presents an obstacle for both researchers and participants.  If researchers are unable to protect their participants, the participants are less likely to participate in needed studies.  In response, Congress enacted a law allowing researchers to obtain a Certificate of Confidentiality, which permits researchers to refuse to disclose identifying information about their participants when subpoenaed by a court of law.

A Certificate of Confidentiality is not without its limitations. If a participant volunteers information beyond the scope of the study, this information could be subpoenaed. A researcher can breach confidentiality if the researcher suspects child abuse or if the participant is threatening violence against others.  If a participant wants to use their own information in a court, the researcher may remain obligated to protect the participant’s confidentiality.

Section Topics:

blue arrow Do I need a Certificate of Confidentiality?
blue arrow Where can I apply for a Certificate of Confidentiality?
blue arrow What is the procedure for obtaining a Certificate of Confidentiality?
blue arrow Protocol and consent form additions

Next: Do I need a C of C? >>

Guide :: Certificate of Confidentiality

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  Maintained by: Office of the Vice President for Research & Graduate Studies
Last Modified: Tuesday, 05-Aug-2008 15:07:12 EDT
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