The Personal Information Protection and Electronic Documents Act is part of the Canadian Privacy Law and establishes principles for the collection, use, and disclosure of personal and identifiable information that is part of commercial activity (e.g. physician practice's, pharmacies, private labs, pharmaceutical companies).
The principle of Consent states that the knowledge and consent of individuals are required when an organization collects, uses, or discloses personal information, and it must be in such a way that the individual clearly understands. The principle of Safeguards states that the organization must protect personal information against loss or theft as well as unauthorized access, disclosure, copying, use or modification. The level of security should be
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PIPEDA requires obtaining consent for the collection of personal and identifiable information, informing study subjects of their privacy rights and providing them with an opportunity to know what personal information is being collected, for what purpose, how it will be used, disclosed, and protected. The subject' s rights to confidentiality (in compliance with PIPEDA) while participating in a clinical trial is also covered in the informed consent.
Failure to protect subject’s personal information, is an example of not complying the above two principles in the research industry. Researchers are in a position of dealing with a great deal of very personal information that their participants have agreed to disclose. Depending on the type of study, personal identifiers such as names, birthdates, places of residence etc. may or may not have to be collected. In situations where these data are collected, researchers may take several steps to ensure the confidentiality of their participants’
Privacy is about people and their expectations. Privacy risk pertains primarily to the methods used to obtain information about subjects. Confidentiality pertains to the actual treatment of the personal information once it is obtained. In other words, now that the researcher has obtained private information, how
The Privacy Act of 1974, 5 U.S.C. § 552a, establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual.
Canada has two federal privacy laws, the Privacy Act, which covers the personal information-handling practices of federal government departments and agencies, and the Personal Information Protection and Electronic Documents Act (PIPEDA), the federal private-sector privacy law.
On the other hand, the current study does not specify if the consent of the participants was obtained. According to the British Sociological Association’s Statement of Ethical Practice (2004) consent of participants should not be asked just once but every time the data is used in other studies. However, the ethic code maybe is not broke if it is alleged that information provided maintains the anonymity of participants. Therefore, it cannot be said that the research failed the ethic code of research due to the lack of guide lines that regulate the use of past data in recent
Is an implementation for the meaningful use and the health information technology that address the privacy and the security complications? The connection to this is the electrical with the personal health chronicles is to protect the patient’s privacy rights. health program of health information and the political regulation and HIPAA procedures. By guideline, the Division of Health and Human Services extended the HIPAA confidentiality regulation to self-determining independents of protected individuals who fit inside the meaning of "occupational acquaintances". PHI is any data apprehended through a protected unit which apprehensions health status, establishment of health care, or expense for health attention that can be connected to an individual.
There are limits to confidentiality in some circumstances. This occurs when there is serious risk of harm to self or others. For example, if a participant is a victim of abuse, I have moral and professional obligation to make sure they are safe and disclose this information (Wiles, 2013). Research participants will be informed of these exceptions during the consent process.
There are several ethical issues that can arise when conducting research. A few of these are field of study dilemmas, the researchers’ integrity, social and economic issues, physical and psychological issues. Field of study refers to areas of research that are controversial in nature. Ethical dilemmas that can arise under fields of study are contentious topics such as embryo research and fetal tissue research (National Institute of Health, 2008). Studies such as this could be deemed not ethically acceptable research. Researchers’ integrity can pose problems when researchers behave in ways that are not appropriate for the sake of research. Social and economic issues in research include problems such as stigma, embarrassment within social groups and financial burdens. If research data is disclosed to outside sources it could damage a participant’s reputation, they can become
One common issue is that of data confidentiality. The researchers should try as hard as possible to ensure that study data is stored confidentially and
The research investigates information from the public and comes up with favorable conclusions that can be used to increase knowledge. Some of the data gathered from the public can be sensitive information that may interfere with the privacy of the subject or put the subject at risk. Some of the dangers that may affect the participant are physical danger or emotional torment. It is thus important to protect the privacy and integrity of the people being interviewed to ensure that their contribution does not affect them. Since research is a continuous process. It is important to ensure that the process of research is effective. Interviewed individuals need to feel safe to produce credible information that will enable the researcher to provide credible information to the public. Apart from providing credible information, participation in a research can be as part of an experiment that requires subjects to participate (Miller & Yang, 2007).
Research Materials, Records, and Privacy Issues. (Identify the sources of material that will be obtained from subjects, what information will be recorded, concerns relating to privacy of subjects, and explain why this information is needed to conduct the research activities.) The information received from potential participants will be recorded and filed with a lock and key in the researcher’s office. Participant’s identity will be unknown to the researchers, and their responses will be
People are not clear what is expected of them when they agree to participate in the study. The situation presented directly violates general principles of ethical research. The situation states that people is not clear what is expected from them, meaning they do not have a complete understanding of the study. This shows how the study is not adhering to one of main principles of ethical research, informed consent. Informed consent in the context of research means that participants must have a complete understanding of possible risks involved in the study. This study does not tell what participants what is expected from them and thus could be leaving out information about the risks of the study. An issue that makes the research completed by this
This article talks about Canada’s experience with the personal information protection and electronic documents act. It also talks about what the most ethical way to get information on someone is. Studying the experiences Canada had with this legislation will help me understand how beneficial it was. It will also help me understand of the parts of this legislation that are being violated by bill C-51. . This book talks about legislative privacy laws with in Canada. It also mentions that rules regarding the management of personal information in the private sector are set by a piece of legislation known as the personal information protection and electronic documents act (PIPEDA). Understanding the properties of the PIPEDA will help me better understand
Diener and Grandall (1978) defined the notion of informed consent as the procedures within which informants have the choice to take part in the research under investigation after providing them with facts that would impact their decisions (Cited in Morrison, Cohen, and Manion, 2011, p. 51). This definition includes four major principles, which are competence, voluntarism, complete facts, and comprehension. Thus, it is really necessary to consider the informed consent before starting to gather data. This involves preserving and respecting the participants’ rights and it is also vital to mention that the participants have the right to refuse to participate or to withdraw once the research has started (Frankfort-Nachmias and
Observational studies benefit us by providing essential evidence about our health and the best way to improve it. One way researchers do this, is by using personal information for the public good. In order to do it the correct way they must meet be high in ethical guidelines. The National Ethics Advisory Committee has listed the ethical guidelines as “respect for people, justice, fairness, and integrity” (“Code of Rights”) as the common ethic guidelines that every investigator should follow when performing an observational study. Considering that my project falls under the discipline of Natural Science studies, these concept are important for my research because it helps the investigator follow ethical guidelines throughout the observational studies. According to the National Ethics Advisory Committee, these guidelines are intended to facilitate high-quality studies, protect the interests of participants and underpin public assurance of good study conduct. (the Guidelines). In order to ensure these studies to be equal and fair the researcher has to be trained the correct way by following ethical guidelines. The guidelines emphasis the importance of ensuring confidentiality and equality which means to protect the safety of the respondent and as well for the investigators in order to improve people’s well being.
While researchers may emphasise the need to ensure the flow of information, inevitably the methodologies of some research projects will need to be compromised to protect personal information while other projects will simply not be able to be conducted ( Mark 2004).