75-01-02-02 - Confidentiality in research projects

75-01-02-02. Confidentiality in research projects

Notwithstanding any other provision of this title, a person engaged in a bona fide research project may have made available to that person records and information concerning persons applying for or receiving assistance or services under any program administered by or under the supervision and direction of the social service board of North Dakota when such information is derived directly or indirectly from records, files, or communications received in the course of the administration of any such program or in the performance of official duties provided that all of the following conditions are met:

1. No identifying information shall appear in any report, summation, thesis, or other document arising out of the research project.

2. No identifying information shall be provided to a person engaged in a bona fide research project until that person shall submit a written proposal explaining and justifying the need to examine such information satisfactory to the director of the division of management services.

3. All documents received by the researcher and all documents containing identifying information made by or on behalf of the researcher, by whatever means, including, but not limited to handcopies, typewritten copies, or photocopies, shall be returned to the custodian of records who is responsible for the care of the documents on or before a date to be set by the custodian.

4. The researcher shall submit a written plan, explaining how all identifying information in the researcher's possession will be kept secure, to the director of management services, who shall have the authority to determine if the plan is satisfactory, and who shall require written assurance that the plan will be implemented.

5. The researcher shall agree to provide to the social service board of North Dakota a copy of any report, summation, thesis, or other document arising out of the research project, and shall, in writing, consent to the use and reproduction of the document by the board, for purposes of training and informing the board and the board's employees, agents, consultants, and volunteer staff members.

6. The researcher shall, in writing, agree to pay all costs of the board, or any county social service board, incurred in the provision of copy or search services by such board.

(Effective December 1, 1980.)

General Authority: NDCC 50-06-15

Law Implemented: NDCC 50-06-15; 45 CFR 205.50

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