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Ethical and Legal Considerations Regarding the Confidentiality of Research on Illegal Activities

CHOI Eun Kyung 1,  Kim, Dokyun 2,  Kim, Ock Joo ORD ID 2

1서울대학교 의과대학 의사학교실
2서울대학교

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ABSTRACT

Confidentiality has been regarded as one of the most important ethical principles for research on human subjects. Protecting research subjects’ confidentiality derives from the principle of respect for persons. As it is essential to maintain trust between researchers and subjects, research on human subjects cannot be conducted without protecting confidentiality, although it is not always easy to do so. Research that involves recording and observing illegal activities, including illegal drug studies, demands an especially high degree of confidentiality. Breach of research confidentiality can result in criminal or civil liability for the subjects in such research. When the researchers are subpoenaed, they are forced to provide information on their subjects. Most countries have no legal framework to protect both subjects and researchers from breaches of confidentiality. This paper discusses the ethical and legal considerations regarding the confidentiality of research on illegal activities. After examining domestic and international cases in which confidentiality and court orders were in conflict, the authors examine relevant policies and legal frameworks, including the Certificate of Confidentiality issued by the U.S. National Institute of Health (NIH). The authors argue that legal assurance to protect confidentiality should be provided to research subjects and researchers, especially considering the recent increase in research on illegal activities in Korea.

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