Research Data and the Law: Does a Researcher Privilege Exist

Paul Stiles, University of South Florida
John Petrila


This paper will discuss cases in which litigants have sought access to research data and the efforts by researchers to claim a researcher privilege. It will also discuss legally available strategies, such as certificates of confidentiality, which may provide a defense to discovery efforts. Finally, the paper will discuss the implications of these legal developments for consent forms used in obtaining participation in research studies.