Ethical and data protection considerations

7.34  Ethical and data protection considerations need to be taken into account when designing and undertaking any evaluation. However, the issues in these areas can be complex and sensitive, often requiring consideration on a case-by-case basis with analysts and other experts at the evaluation design stage and throughout the life of the evaluation.  Best practice cannot cover all eventualities and so it is advisable to raise any areas of concern with the relevant Head of Profession/Senior Analyst.

7.35  It may also be necessary to gain ethical approval through an appropriate ethics committee, e.g. the Integrated Research Application System (IRAS),10 the HSE Research Ethics Committee, the Social Care Research Ethics Committee etc. to undertake an evaluation. The need to gain this form of approval will depend on the content and form of evaluation being undertaken and should therefore be considered on a case-by-case basis. If an evaluation will involve research with vulnerable groups or individuals who lack the capacity to give informed consent, approval will need to be sought from an "approved body", for more information see the Department of Health factsheet for social scientists on the Mental Capacity Act.11

7.36  When considering data protection issues it will also be necessary to consider data security, transfer and sharing issues. This should include the consideration of non-disclosure and the physical aspects involved in data sharing (such as storing and accessing data) and in turn should lead to the setting of clear data protection protocols which comply with the contractual arrangements of the relevant agencies.

7.37  There are a range of sources of information available to assist analysts and policy makers with ethical and data protection considerations and reference should be made to these, and other sources of guidance provided by the Civil Service professions, and any specific guidance issued by UK departments and devolved administrations when planning data collection.

7.38  Key sources include:

•  The GSR code which, as an addendum to the Civil Service Code, sets out specific principles to guide the work and behaviour of Government Social Researchers, available at: http://www.civilservice.gov.uk/my-civil-service/networks/professional/gsr/ 

•  GSR guidance on ethical assurance for Social Research in Government available at: http://www.civilservice.gov.uk/my-civil-service/networks/professional/gsr/ 

•  The GSR ethics checklist which can help those designing or carrying out an evaluation to identify important issues to consider, available at: http://www.civilservice.gov.uk/Assets/gsr_ethics_checklist_tcm6-7326.pdf 

•  The codes of practice established by the Government Statistical Service - the UK Statistics Authority Code of Practice for Official Statistics (2009) http://www.statisticsauthority.gov.uk/ 

•  The Social Research Association ethical guidelines http://www.the-sra.org.uk/ 

•  The Market Research Society code of conduct http://mrs.org.uk/ 

•  The British Psychological Society ethical guidelines and support http://www.bps.org.uk/ 

•  The Data Protection Act 1 998 http://www.legislation.gov.uk/ 

•  The Freedom of Information Act 2000 http://www.legislation.gov.uk/ 

•  The Freedom of Information Act (Scotland) 2002 http://www.legislation.gov.uk/  

10  IRAS is a single system for applying for permissions and approvals for health and social care / community care research in the UK. See http://myresearchproject.org.uk 

11  The Mental Capacity Act - factsheet for social scientists, The Department of Health, September 2009