“Hope for the Best, Plan for the Worst”: Understanding Institutional Inertia in Developing Confidentiality Protection Policies

When legal challenges to research confidentiality arise, researchers are expected to resist while the institutions that approve their research provide legal support to enable that resistance. Although researchers have done their part, university administrators have been much less consistent doing theirs. Canada’s federal policy now affirms university administrations “must” provide independent legal representation and “encourages” them to develop policies that articulate how they will do so. A national survey of Research Ethics Board (REB) Chairs and administrators found only one such policy, which turned our attention to factors that impeded creation of others like it. Administrative inertia, a lack of clear lines of responsibility, and resource issues top the list of justifications respondents offered. Implications for researchers, REBs, and university administrators are discussed