Confidentiality Protections

NIJ policy provides for the protection of the privacy and well being of individuals who are participants in NIJ research studies under two different, but philosophically related, sets of regulations.

One of the policies is the statutory protection provided to private information under the authority of 42 U.S.C. § 3789g the other DOJ regulations on the Confidentiality of Identifiable Research and Statistical Information found in 28 CFR Part 22. These regulations serve several purposes:

1. To protect the privacy of individuals by limiting the use of private, identifiable information for research or statistical purposes.
2. To protect private information provided by individuals from use in any judicial, legal, or administrative process without the individual's prior consent.
3. To improve the scientific quality of NIJ research programs by minimizing the subject's concerns over the use of the data.
4. To clarify for researchers the limitations on the use of privately identifiable information for only research or statistical purposes.
5. To ensure that our understanding and knowledge of the broad criminal justice system will continue to advance by providing individual privacy protections.

In addition, these regulations provide specific requirements on data access and security, limitations on the transfer of the data, and specifications for final disposition of the information.

Confidentiality Requirements

• 42 U.S.C. § 3789g Confidentiality of Information. To read the statute, visit the United States Code Main Page on GPO Access and insert "42usc3789g" into the search box.
• 28 CFR Part 22 Confidentiality of Identifiable Research and Statistical Information (Regulations)
• Privacy Certificate Requirements
• Format for Privacy Certificate
• Model Employee Confidentiality Statement
• Common Problems in Preparing Privacy Certificates