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Topic 7. Legal maneuvers.

Data holders have used lots of legal maneuvers to stop re-identification results from becoming public. These include data use agreements, court orders, and threats of lawsuits. What are possible maneuvers? How should a researcher engaged in re-identification experiments think about the legal landscape? What legal maneuvers might researchers engaged in re-identification experiments use? Should researchers re-identify data acquired under a data use agreement that forbids re-identification?

What are important issues? What are risks and harms? Which issues are most likely to occur, and if they do occur, which are most likely to have significant adverse impact?


Post 1
Re-identifying (for research) and publishing the data are two separate things -- re-
identification ca be pursued in almost all situations if the results are kept private, but
publishing requires a more comprehensive understanding of the information and the
consent of the people involved. Maneuvers to sue are actually quite difficult, as privacy
is difficult to "legally" prove.

If you don't want to get sued, don't re-identify information under a data use agreement
that forbids re-identification.

Post 2
No, researchers should not re-identify data acquired under a data use
agreement that forbids re-identification! I mean, come on.

A researcher engaged in re-identification experiment should be aware of the
legal landscape, and be aware of the difference between reidentification and
publication.

Post 3
Reidentification should not be pursued when a data use agreement forbids it.
Experiments are fine if approved by the IRB, but publication is a different matter.

Post 4
Research and publication are two completely separate issues. If it were to become illegal, however, then researchers should still try to reidentify data because the criminals will still try and it would be good to know how to protect the data.



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