Some types of data, particularly those relating to human subjects research, do not carry with them an obligation to prevent inappropriate disclosure as long as the subjects can’t be identified. True False

The correct answer and explanation is:

Correct Answer: True

In human subjects research, data that has been properly de-identified and no longer contains any information that could be used to identify individuals is generally not subject to the same strict confidentiality requirements as identifiable data. When all direct and indirect identifiers have been removed, the data is considered “de-identified” or “anonymized.” In such cases, the obligation to prevent disclosure is reduced because the risk of harm to participants is greatly diminished.

Federal regulations, such as the Common Rule (45 CFR 46) in the United States, define human subjects research as involving a living individual about whom a researcher obtains identifiable private information. If the data cannot be linked to a specific individual, it falls outside the scope of these protections. For example, if names, addresses, dates of birth, and other identifiers are removed, and there is no code or method for re-identifying the data, the obligation to protect confidentiality is not legally required under human subjects protections.

However, ethical considerations may still apply. Even de-identified data can sometimes be re-identified through the combination of multiple datasets or by analyzing patterns. Therefore, researchers and institutions are encouraged to continue protecting all types of data to some degree, especially in the digital age when re-identification risks are increasing.

In summary, while it is true that data without identifiers does not carry a legal obligation for confidentiality under human subjects research guidelines, researchers should still exercise caution. Ethical research practices promote the responsible handling of all data, including de-identified information, to respect the trust of participants and maintain research integrity.

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