NCJ Number
56534
Journal
REVIEW OF PUBLIC DATA USE Volume: 7 Issue: 2 Dated: (MARCH 1979) Pages: 6-12
Date Published
1979
Length
7 pages
Annotation
INFORMED CONSENT, PRIVACY PROTECTION PROCEDURES, AND SECURE DATA STORAGE AND TRANSFER METHODS ARE IMPORTANT, NOT ONLY TO COMPLY WITH LEAA'S STATUTORY AND REGULATORY GUIDELINES, BUT ALSO TO KEEP RESEARCH CHANNELS OPEN.
Abstract
RECIPIENTS OF LEAA GRANT OR CONTRACT FUNDS MUST COMPLY WITH STATUTORY AND REGULATORY INFORMATION PRACTICES WHICH ARE DESIGNED TO PROTECT THE PRIVACY OF RESEARCH SUBJECTS. THE REGULATIONS DERIVE THEIR AUTHORITY FROM SECTION 3771 OF LEAA'S ENABLING LEGISLATION, A STATUTE WHICH CREATES A RESEARCH SUBPOENA THAT PERSONALLY IDENTIFIABLE INFORMATION MAY NOT BE DISSEMINATED 'FOR ANY PURPOSE OTHER THAN THE PURPOSE FOR WHICH IT WAS OBTAINED.' THE PRIMARY ELEMENT OF COMPLIANCE IS THE PRIVACY CERTIFICATE WHICH DOCUMENTS THE PRECAUTIONS THE RESEARCHER WILL TAKE TO PROTECT SUBJECTS WHEN INFORMATION IS TO BE COLLECTED IN PERSONALLY IDENTIFIABLE FORM. THE TESTS USED TO DETERMINE WHETHER OR NOT INFORMATION IS 'PERSONALLY IDENTIFIABLE' ARE EXPLAINED. INFORMATION TRANSFER AGREEMENTS SPECIFY THE CONDITIONS UNDER WHICH SUCH INFORMATION MAY BE TRANSMITTED TO THIRD PARTIES FOR RESEARCH OR STATISTICAL PURPOSES. THESE REGULATIONS GOVERN THE CONDITIONS OF SUCH TRANSFER AND ALSO PROVIDE FOR FINAL DISPOSAL OF THE INFORMATION. ALTHOUGH LEAA DOES NOT INSIST ON WRITTEN CONSENT AGREEMENTS, A WRITTEN AGREEMENT SHOULD BE USED TO PROTECT ALL PARTIES AND TO VISIBLY REMIND BOTH SUBJECTS AND RESEARCHERS OF THEIR OBLIGATIONS AND RESPONSIBILITIES. INTERNAL SECURITY PRECAUTIONS SHOULD ALSO BE TAKEN AND A PRIVACY PROTECTION AGREEMENT SHOULD BE NEGOTIATED WITH THE TIMESHARING SERVICE, EVEN IF IT IS UNIVERSITY BASED. SUCH GOOD INFORMATION PRACTICES ARE IMPORTANT, NOT ONLY TO MEET LEAA GUIDELINES, BUT ALSO TO KEEP CRIMINAL JUSTICE RESEARCH CHANNELS OPEN. (GLR)