Breaking the Promise after 9-11: Confidentiality in the Age of Terrorism

• Activity Number: 186
• Type: Other
• Date/Time: Tuesday, August 13, 2002 : 10:30 AM to 12:20 PM
• Sponsor: ASA
• Author(s): Marilyn McMillen-Seastrom*+ and William Seltzer*+ and Kenneth Prewitt*+ and Katherine Wallman*+
• Affiliation(s): National Center for Education Statistics and Fordham University and New School University and Office of Management and Budget
• Keywords: informed consent ; confidentiality ; privacy

Abstract

A seemingly minor provision of the USA Patriot Act in response to the September 11 national tragedy raises some serious concerns for federal statistics. Section 508 of the act permits the Attorney General to petition the court for access to confidential data maintained by the National Center for Education Statistics. This would permit non-statistical uses of the data in direct conflict with promises made to respondents. This session brings together key government leaders and ethicists to discuss the implications for statistics of this new law. The debate centers on the compelling government interest in these data for national security vs. the promise made to respondents to these voluntary surveys. In an era of declining response to surveys, how will the government's decision regarding the need for these data to combat terrorism play out now and in the future when threats from terrorism may diminish? Panelists will weigh the tradeoffs, discuss the role of informed consent procedures, and consider the long-term implications for federal statistics. The discussion will factor into decisions on the need for, and nature of, a formal response from the statistics profession.