Consent for Data on Consent

There are instances where the provider of an intervention, such as surgery, has failed to obtain necessary informed consent from the recipient of the intervention. Perhaps the surgeon has failed to warn the patient that she may go into a coma, or even be killed, from the surgery. Sometimes, as a res...

Full description

Saved in:  
Bibliographic Details
Main Author: Gerver, Mollie (Author)
Format: Electronic Article
Language:English
Check availability: HBZ Gateway
Journals Online & Print:
Drawer...
Fernleihe:Fernleihe für die Fachinformationsdienste
Published: Springer Science + Business Media B. V [2015]
In: Ethical theory and moral practice
Year: 2015, Volume: 18, Issue: 4, Pages: 799-816
IxTheo Classification:KBL Near East and North Africa
KBN Sub-Saharan Africa
NCD Political ethics
NCJ Ethics of science
Further subjects:B Informed Consent
B Data disclosure
B Immigration
B Right to privacy
B Refugees
Online Access: Presumably Free Access
Volltext (Verlag)
Volltext (doi)
Description
Summary:There are instances where the provider of an intervention, such as surgery, has failed to obtain necessary informed consent from the recipient of the intervention. Perhaps the surgeon has failed to warn the patient that she may go into a coma, or even be killed, from the surgery. Sometimes, as a result of this intervention, the recipient cannot give informed consent to researchers for the release of their personal data precisely because of the intervention. If they are in a coma, they cannot be reached. Sometimes, this personal data itself can prove that the provider of the intervention failed to obtain informed consent for the intervention. For example, a personal file may include a consent form that does not include warnings about the risk of falling into a coma from the surgery. Paradoxically, those who cannot give informed consent for the disclosure of their personal data on an intervention may have been especially ill-informed about the repercussions of the intervention. In such instances, should researchers ever use the data and disclose the data in their research? In an attempt to demonstrate when this dilemma may be relevant, and how it may be solved, I will present a real-world case of this dilemma in my own empirical research on refugees who agreed to repatriate to their countries of origin from Israel. I will consider what theories on consent, if any, can help us resolve this dilemma.
ISSN:1572-8447
Contains:Enthalten in: Ethical theory and moral practice
Persistent identifiers:DOI: 10.1007/s10677-014-9553-5