Certificates of Confidentiality Final Guidance

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FDA has issued a final guidance on Certificates of Confidentiality, which describes the agency’s implementation of revised provisions under the 21st Century Cures Act (Cures Act). A Certificate of Confidentiality (CoC) is intended to help protect the privacy of human subject research participants when identifiable, sensitive information is being collected or used in clinical research. The Cures Act simplified certain aspects of the issuance of CoCs by requiring that they be issued for federally-funded human subject research that collects or uses identifiable and sensitive information, the agency says. For non-federally funded research, CoCs are not required but may be issued at the discretion of FDA, it says.

 

“A CoC generally protects a researcher from being compelled to disclose identifiable, sensitive information about the research participant, created or compiled for purposes of the research, in any federal, state, or local civil, criminal, administrative, legislative, or other proceeding,” the guidance says. “As amended, the statute broadened these protections by prohibiting disclosure of such information. By protecting researchers from being compelled to disclose identifiable, sensitive information about the research participants, CoCs help protect the identity of the research participants and achieve the objectives of the research.”

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