Certificates of Confidentiality

Privacy Update: FDA Releases Certificates of Confidentiality Guidance

01/26/2021

-

The US Food and Drug Administration (FDA) recently released a guidance on Certificates of Confidentiality. The 21st Century Cures Act (Cures Act) amended the privacy protection for study participants’ section relating to Certificates of Confidentiality (CoC). They are now required for any federally funded clinical research that collects or uses identifiable, sensitive personal information, now known as a mandatory CoC. Discretionary CoC may be requested for non-federally funded clinical research, which is the focus of the guidance. The Cures Act also strengthened the protections for CoC by prohibiting disclosure except under specific exceptions.