Tim Trent on Thursday, February 17, 2005 at 12:23 PM said:-
> Pure research is an anonymised statistical study of a group
> of unidentified research subjects. It creates an analysis of
> results by set. If it identified an individual that would
> limit its value as pure research since perceptions of the
> individual would be used to interpret the results.
>
> Passing the results of the individual to the individual are
> the passing of a sample of one to a sample of one. The
> individual has a right to see the answers, naturally.
>
Without a provision for validation of input, or a robustly verifiable
methodology, the final results themselves could surely be seen as
unreliable.
The initial choice of methodology would seem then to affect the amount/type
of personal data which would be required during any research. The separation
and security of any personal data required would also seem to be a key issue
for any data subject and any organisation wishing to claim a DPA exemption
to obtain such personal data.
Clearly claims for exempt access to personal data which may compromise any
research would need to be refused; although any refusal (from some wider
social group perspectives) may need to be subject to logical considerations
about the reasons of the approach requesting the exemption - versus - the
likely benefits of the research. i.e. wellbeing of one versus 3 years
research which could not be reproduced and benefiting many. Quite where the
original data subjects fit into that can be obscure, but the validity of any
future research project confidentiality statement would be seriously
compromised.
> Passing attributable results to a third party are outside the
> terms of reference of pure research. It is possible to
> declare at the start of a study "By taking part you agree
> that your attributable results may be passed to (list of
> third parties or statement about third party access) for the
> following purposes (list of purposes)", and that removes the
> DPA issue.
Attributable results would surely depend on many factors, including any
other information anybody accessing the results may possess. But it often
seems the possibility of attribution is only viewed from the perspective of
the researcher/client.
For example - Breakdown of results by post code - From the researchers
perspective anonymised data at that level would probably not be personal
data, from a data subjects, or post code residents perspective, other
information highly likely to be in their possession could make such
statistical material very easily relatable back to the original data
subject. Ergo it becomes personal data to some viewers of the statistical
data.
Equally some researchers have been known to utilise personal data collected
confidentially directly to an audience, without consideration/knowledge if
anyone in the audience was/could be/or come, in contact with the data
subjects in question.
> It also taints the research since the sample is necessarily
> skewed to include only those who do not mind their data being
> passed to third parties. Conducting pure research on a skewed
> sample invalidates the results of the research. There are
> circumstances where one could argue against this, including
> the comparison of purposely skewed samples against other
> purposely skewed samples, but that is way beyond the initial question.
From some viewpoints I suppose those scenarios could provide arguments for
misleading data subjects.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: Thursday, February 17, 2005 12:23 PM
> To: [log in to unmask]
> Subject: Re: 'pure' research
>
>
> One has to look at what "research" is.
>
> Pure research is an anonymised statistical study of a group
> of unidentified research subjects. It creates an analysis of
> results by set. If it identified an individual that would
> limit its value as pure research since perceptions of the
> individual would be used to interpret the results.
>
> Passing the results of the individual to the individual are
> the passing of a sample of one to a sample of one. The
> individual has a right to see the answers, naturally.
>
> Passing attributable results to a third party are outside the
> terms of reference of pure research. It is possible to
> declare at the start of a study "By taking part you agree
> that your attributable results may be passed to (list of
> third parties or statement about third party access) for the
> following purposes (list of purposes)", and that removes the
> DPA issue.
>
> It also taints the research since the sample is necessarily
> skewed to include only those who do not mind their data being
> passed to third parties. Conducting pure research on a skewed
> sample invalidates the results of the research. There are
> circumstances where one could argue against this, including
> the comparison of purposely skewed samples against other
> purposely skewed samples, but that is way beyond the initial question.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of Ian Welton
> Sent: 17 February 2005 12:15
> To: [log in to unmask]
> Subject: Re: [data-protection] 'pure' research
>
> Tim Trent on Thursday, February 17, 2005 at 10:25 AM said:-
>
> > At the point of delivering attributable data to the school
> (or to any
> > third
> > party) the research is no longer pure.
>
> Are all the exemptions contained within the DPA permissible,
> or is research purity tainted in the same way?
>
> Ian W
>
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Tim Trent
> > Sent: Thursday, February 17, 2005 10:25 AM
> > To: [log in to unmask]
> > Subject: Re: 'pure' research
> >
> >
> > At the point of delivering attributable data to the school
> (or to any
> > third
> > party) the research is no longer pure.
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Okey, Andrew
> > Sent: 17 February 2005 10:21
> > To: [log in to unmask]
> > Subject: [data-protection] 'pure' research
> >
> > Hi folks,
> >
> > Today's HE teaser is -
> >
> > Research staff undertake work in schools. A group of
> pupils, some with
> > learning difficulties, see a play and are then asked what they
> > remember about it (the point of the research is to
> establish whether
> > children with learning difficulties are potentially less reliable
> > witnesses in court). As part of the set-up for the work,
> all children
> > likely to be involved are given an adapted IQ test to inform the
> > analysis of their later recollections.
> >
> > So far, so 'pure' and, of course, pure research enjoys certain
> > exemptions from DP law, notably from access under section
> 7, and from
> > principles 2 and 5.
> >
> > Now, the researchers suspect that they may get enquiries
> from parents
> > whose children are involved in the work and who are interested in
> > knowing their IQ results. That looks OK, because section
> 33.5 of the
> > act says that research is still pure even where the data is
> disclosed
> > to "the data subject of a person acting on their behalf".
> However, the
> > researchers are concerned that the schools involved may also
> > ask/demand to know such results. Now, research is only pure when it
> > does not "support measures or decisions" made on/against
> individuals,
> > and one could imagine that what the schools would be trying
> to obtain
> > are measures of children's IQ on which they might conceivably make
> > decisions - e.g. about streaming.
> >
> > At which point, if the researchers gave this data to
> schools would the
> > research no longer be pure, thereby removing all the
> exemptions they'd
> > usually enjoy?
> >
> > Andrew Okey
> > Lancaster University
> >
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