When is it appropriate to use "publicly available data" or "public reports" in research, and what consent requirements apply?

When is it appropriate to use "publicly available data" or "public reports" in research, and what consent requirements apply?

• A. When data are publicly accessible and there is no reasonable expectation of privacy; still consider privacy and potential harm; consent may not be required if individuals are not identifiable.
• B. Consent is always required for publicly available data.
• C. Public data cannot be used in research.
• D. Public data require no privacy considerations.

Answer: (A)

Using publicly available data in research is appropriate when the information is accessible to the general public and there is no reasonable expectation of privacy. Even in this situation, you should still consider privacy and potential harm, because people could be identifiable through re-identification risks or by the way results are presented or combined with other data. If the data are truly de-identified and no individuals can be linked to the information, consent from the individuals is often not required. However, privacy protections still apply: assess the possibility of re-identification, the potential for harm, and any sensitive content. Also check any terms of use or institutional policies, and seek IRB guidance if there is doubt about consent requirements.

Using publicly available data in research is appropriate when the information is accessible to the general public and there is no reasonable expectation of privacy. Even in this situation, you should still consider privacy and potential harm, because people could be identifiable through re-identification risks or by the way results are presented or combined with other data. If the data are truly de-identified and no individuals can be linked to the information, consent from the individuals is often not required. However, privacy protections still apply: assess the possibility of re-identification, the potential for harm, and any sensitive content. Also check any terms of use or institutional policies, and seek IRB guidance if there is doubt about consent requirements.