Release of Test Data Under the 2002 Ethics Codeand the HIPAA Privacy Rule: A Raw Deal or Just a Half-Baked Idea?

Abstract

Until quite recently, many psychologists believed themselves ethically bound to fall on their swords before releasing raw test data to anyone but another qualified professional. Under the American Psychological Association Ethics Code (2002), consistent with the Health Insurance Portability and Accountability Act of 1996 Privacy Rule of 2002 (U.S. Department of Health and Human Services, 2002), test materials may still be protected, but documents containing participants' responses are ordinarily subject to disclosure. Although many may lament the cost to test security, the virtues of secrecy regarding testing are often exaggerated and its vices underestimated. Several measures, including appropriate informed consent, sensitive and detailed test feedback, offers of suitable alternatives to raw test data, copyright notices, and the use of protective orders and supervised inspection in forensic matters can still be used to maintain a reasonable degree of test security.