Human subjects research, especially medical research, is a trade-off between
the rights of the individual and those of society. We face the same trade-off in
some privacy issues. Research generally does not affect decisional privacy or
physical privacy, although there are exceptions discussed in the Public Health
section. Research rules do affect informational privacy for certain kinds of
research that involve the analysis of databases of clinical information where
individual consent to look at the information would be burdensome or
impossible. The most obvious example is the records of dead people.
Historically, the right to privacy died with the individual. This has been
modified by statute for medical information and by custom for certain
communications, such as those between an attorney and her client. HIPAA
allows researchers to get access to the medical records of dead people without
getting permission from the relatives or the estate. This is because getting
such permission is very difficult and time-consuming. In many cases it is
impossible because there is no way to find the next of kin or because there are
not any next of kin. The researchers much show that they are only going to
use the information for research, that access to the records is the best way to
do the research, and, if it is not certain, that the person is dead.