the research purposes cannot be reasonably accomplished without disclosure of the information in individually identifiable form and without waiver of the informed consent of the person to whom the record pertains or the person’s legally authorized representative, that disclosure risks have been minimized, and that remaining risks are outweighed by anticipated health, safety, or scientific benefits; and

  1. The disclosure does not violate federal law or regulations; and

  2. The state agency negotiates with the research professional receiving the records or record information a written and legally binding confidentiality agreement prior to disclosure. The agreement shall:

  1. Establish specific safeguards to assure the continued confidentiality and security of individually identifiable records or record information;

  2. Ensure that the research professional will report or publish research findings and conclusions in a manner that does not permit identification of the person whose record was used for the research. Final research reports or publications shall not include photographs or other visual representations contained in personal records;

  3. Establish that the research professional will destroy the individual identifiers associated with the records or record information as soon as the purposes of the research project have been accomplished and notify the agency to this effect in writing;

  4. Prohibit any subsequent disclosure of the records or record information in individually identifiable form except as provided in RCW 42.48.040; and

  5. Provide for the signature of the research professional, of any of the research professional’s team members who require access to the information in identified form, and of the agency official authorized to approve disclosure of identifiable records or record information for research purposes.

    [1985 c 334 § 2.]

RCW 42.48.030 Charge for costs of assistance.

In addition to the copying charges provided in RCW 42.17.300, a state agency may impose a reasonable charge for costs incurred in providing assistance in the following research activities involving personal records:

  1. Manual or computer screening of personal records for scientific sampling purposes according to specifications provided by the research professional;

  2. Manual or computer extraction of information from a universe or sample of personal records according to specifications provided by the research professional;

  3. Statistical manipulation or analysis of personal record information, whether manually or by computer, according to specifications provided by the research professional.



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