Jonah Patel
In the context of research ethics, a breach of confidentiality occurs when research data is disclosed contrary to the agreement between the researcher and the subjects. A violation of subjects' privacy refers to the intrusion into their personal lives or affairs, where individuals have a right to be protected. For example, a researcher leaving a research file in their car, which is then stolen, does not constitute a breach of confidentiality or a violation of privacy if no identifying information was retained. However, a faculty member sharing identifiable data about sexual behaviour with graduate students, despite assuring subjects that the data would be de-identified, constitutes both a breach of confidentiality and a violation of subjects' privacy.
| Characteristics | Values |
|---|---|
| Breach of confidentiality | Research data disclosed contrary to the agreement between researcher and subjects |
| Violation of subjects' privacy | Intrusion into the personal lives of individuals |
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What You'll Learn
- A faculty member shares identifiable data about sexual behaviour with graduate students
- A researcher leaves a research file in her car, which is then stolen
- A researcher asks cocaine users to provide names and contact information of other users
- A breach of confidentiality
- A violation of subjects' privacy
A faculty member shares identifiable data about sexual behaviour with graduate students
A faculty member sharing identifiable data about sexual behaviour with graduate students constitutes both a breach of confidentiality and a violation of the subjects' privacy rights. The subjects were assured that the data would be de-identified, but the disclosure of personal information that was promised to remain anonymous breaks the confidentiality agreement between the faculty member and the students. This scenario violates the subjects' privacy as everyone becomes aware of their sexual behaviour.
Confidentiality is a crucial aspect of research and professional relationships. In the given scenario, the faculty member's actions result in a breach of confidentiality as they disclose identifiable data about sexual behaviour. The breach occurs because the faculty member shares information that was agreed to be kept confidential and anonymous. The graduate students who receive this information were not supposed to have access to identifiable data, and the disclosure breaks the trust and agreement between the faculty member and the subjects.
The violation of privacy rights is also evident in this scenario. Privacy rights protect individuals from intrusion into their personal lives and affairs. By sharing identifiable data about sexual behaviour, the faculty member intrudes into the subjects' personal lives and discloses sensitive information without their consent. This violation of privacy can have significant implications for the subjects, as it may lead to potential stigma, discrimination, or judgement based on their sexual behaviour.
The breach of confidentiality and violation of privacy rights in this scenario highlight the importance of ethical research practices and the protection of human subjects. It is essential to obtain informed consent, handle data securely, and adhere to confidentiality agreements to maintain trust and respect the rights of individuals participating in research.
Furthermore, the impact of such a breach can have far-reaching consequences for the subjects involved. They may experience embarrassment, shame, or social consequences as a result of their sexual behaviour being disclosed without their consent. It is also important to consider the potential impact on the subjects' mental health and well-being, as they may experience anxiety, stress, or other negative psychological effects due to the violation of their privacy and confidentiality.
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A researcher leaves a research file in her car, which is then stolen
A researcher leaving a research file in her car, which is then stolen, can be a cause for concern and may constitute a breach of confidentiality and a violation of privacy. However, this depends on the nature of the data contained in the file and the specific circumstances surrounding the incident. In the given scenario, there are differing opinions on whether there was a breach of confidentiality and violation of privacy.
Firstly, it is important to understand the terms confidentiality and privacy in this context. Confidentiality refers to the agreement to handle information in a way that prevents its dissemination beyond those authorised to receive it. Privacy, on the other hand, pertains to individuals' control over how their personal information is shared.
In the scenario, the researcher left a research file in her car while attending a concert, and the car was subsequently stolen. The file contained charts of aggregated numerical data from a research study with human subjects, but no other documents. Importantly, the consent form stated that no identifying information would be retained, and the researcher adhered to this component. Due to this, some sources argue that there was neither a violation of privacy nor a breach of confidentiality. As there were no identifiable details included in the file, the participants' privacy was maintained even after the theft.
However, other sources disagree and assert that there was indeed a breach of confidentiality and a violation of the subjects' privacy. They argue that the very nature of the data being disclosed without authorisation constitutes a breach of confidentiality. Additionally, they claim that the subjects' privacy was violated as their personal information, albeit aggregated and anonymised, was exposed through the theft of the research file.
In conclusion, the characterisation of the incident depends on the interpretation of the terms "breach of confidentiality" and "violation of privacy". While some argue that the absence of identifiable information precludes any breach or violation, others contend that the unauthorised disclosure of any research data pertaining to human subjects inherently constitutes a breach of confidentiality and a violation of privacy.
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A researcher asks cocaine users to provide names and contact information of other users
Asking cocaine users to provide the names and contact information of other users may violate the privacy of those mentioned, but it does not directly constitute a breach of confidentiality. This is because no previously agreed-upon confidential information was revealed. However, this scenario could potentially lead to a breach of confidentiality if the subjects disclose information about others without their consent.
In research ethics, confidentiality refers to the agreement between researchers and participants where personal information will not be disclosed without the participants' consent. In this case, the researcher is asking for information about third parties who are not direct participants in the study and have not given consent. This could be a violation of the privacy of those mentioned, as the researcher is intruding into the personal lives or affairs of those individuals.
The researcher must consider how the information is used and whether the individuals named have given their consent to be part of the study. If the information is used in a way that identifies the individuals without their consent, it could be considered a breach of confidentiality and a violation of privacy.
To protect the privacy of the individuals mentioned, the researcher could collect the information in a way that does not identify the subjects. For example, by using pseudonyms or coding the data so that the individuals cannot be identified. The researcher should also ensure that the information is stored securely and accessed only by authorized individuals.
Overall, while asking cocaine users to provide the names and contact information of other users may not directly breach confidentiality, it raises ethical concerns about privacy and consent. Researchers must handle this information with care and respect the rights of all individuals involved.
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A breach of confidentiality
In the context of businesses, a breach of confidentiality can occur when an employee shares confidential information about a client with family or friends, or when an employee discloses information they do not believe to be confidential, such as leaking news of redundancies or bankruptcies before they are officially announced. Additionally, confidentiality breaches can occur when employees leave devices containing confidential information unlocked or accessible to others, or when attachments containing sensitive information are emailed to the wrong recipients.
In the healthcare industry, the HIPAA Breach Notification Rule requires covered entities to notify patients when their unsecured protected health information (PHI) is impermissibly used or disclosed, compromising the privacy and security of the PHI. Physicians are encouraged to use appropriate encryption and destruction techniques for PHI to prevent unauthorised access.
To prevent breaches of confidentiality, organisations should implement confidentiality policies, provide employee training on security processes and the importance of confidentiality, and require employees to sign non-disclosure agreements.
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A violation of subjects' privacy
A violation of a subject's privacy refers to the intrusion or revelation of something private. This can occur through the publication of information or through a breach of security resulting in unauthorised access to private data.
In the context of research, a violation of a subject's privacy occurs when identifiable data about the subject is disclosed without their consent. For example, a faculty member shares identifiable data about sexual behaviour with graduate students, despite assurances that the data would be de-identified. This scenario constitutes a breach of confidentiality and a violation of the subjects' privacy rights, as it discloses personal information that was promised to remain anonymous.
Another example of a violation of privacy is when a researcher leaves a research file containing aggregated numerical data from a study with human subjects in their car, and the car is stolen. This could be considered a violation of privacy if the data can be linked to specific individuals, even if no identifying information was included in the file.
To establish a cause of action for invasion of privacy, certain elements must be considered. Firstly, the disclosure of private facts must be made public, and the facts disclosed must be private, not public. Secondly, the matter made public must be offensive and objectionable to a reasonable person. Additionally, the use of a person's name or likeness must be meaningful or purposeful to constitute an invasion of privacy.
Privacy violations can also occur when sensitive information, such as an individual's location, associations, or communications, is linked to a specific person without authorisation. This can happen through the publication of information or a breach of security, emphasising the importance of proper information handling to preserve privacy.
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Frequently asked questions
There was neither a violation of privacy nor a breach of confidentiality.
This scenario involves both a breach of confidentiality and a violation of subjects' privacy because it discloses personal information that was promised to remain anonymous.
This violates the privacy of those mentioned, but it does not directly constitute a breach of confidentiality as no previously agreed-upon confidential information was revealed.
