A cardinal rule of academic research with human participants is to protect their confidentiality. While there are limits to confidentiality, universities and researchers will make strenuous efforts...

Confidentiality represents a core principle of research ethics and forms a standard practice in social research. However, what should a researcher do if they learn about illegal activities or harm during the research process? Few systematic studies consider researchers’ attitudes and reactions in such situations. This paper analyzes this issue on the basis of in-depth interviews with Polish sociologists and anthropologists who conduct qualitative research with vulnerable participants. It discusses the experiences and opinions of researchers concerning the maintenance or breaking (...) of confidentiality in the context of knowledge about illegal activities and harm. It also examines the ways in which the researchers justified their decisions. Most of my interviewees respected confidentiality in spite of knowledge of crime or harm, and referred to their epistemological perspectives regarding the role of the researcher, implicit consequentialist ethical reasoning and personal values. Where researchers did break confidentiality, this owed to their personal values and willingness to protect their informants, especially in cases of minor levels of harm as opposed to serious crime. Therefore, their experiences indicate the failure of both obligatory unconditional assurances of confidentiality and the requirement for researchers to assure confidentiality to the extent permitted by law. I argue that researchers do not need constrictive and potentially punitive rules about confidentiality, but rather sensitizing frameworks about how to contemplate and anticipate the many complexities and moral shadings of situations in the field. (shrink)

Although in the US there have been dozens of subpoenas seeking information gathered by academic researchers under a pledge of confidentiality, few cases have garnered as much attention as the two sets of subpoenas issued to Boston College seeking interviews conducted with IRA operatives who participated in The Belfast Project, an oral history of The Troubles in Northern Ireland. For the researchers and participants, confidentiality was understood to be unlimited, while Boston College has asserted that it pledged confidentiality only “to (...) the extent American law allows.” This a priori limitation to confidentiality is invoked by many researchers and universities in the United States, Canada and Great Britain, but there has been little discussion of what the phrase means and what ethical obligations accompany it. An examination of the researchers’ and Boston College’s behaviour in relation to the subpoenas provides the basis for that discussion. We conclude that Boston College has provided an example that will be cited for years to come of how not to protect research participants to the extent American law allows. (shrink)

Research confidentiality in Britain is under attack. Indeed, in some quarters the ‘Law of the Land’ doctrine that absolutely subjugates research ethics to law is already a fait accompli. To illustrate the academic freedom issues at stake, the article discusses: the Cambridge Psychology Research Ethics Committee’s ban of interview questions about a research participant’s involvement in criminal acts; the awarding of damages against Exeter University when it reneged on its agreement to uphold a doctoral student’s guarantee of ‘absolute confidentiality’ in (...) his research on assisted suicide; and the controversy around the UK government’s attempt to obtain confidential records from the Belfast Project − an oral history of paramilitaries involved in the Troubles in Northern Ireland. The article urges British researchers to practice – or, at least, defend the academic freedom of their colleagues to practice – the ‘ethics-first’ doctrine of strict confidentiality that several North American disciplinary associations encourage. (shrink)