For more information about confidentiality, visit the Human Subjects Protection / IRB website.
Requirements for confidentiality of identifiable research and statistical information are mandated in 42 U.S.C. § 3789(g). These requirements apply to the Department of Justice (DOJ). DOJ issued a specific regulation, Part 22 of Title 28 of the Code of Federal Regulations, which explains how to implement this statutory requirement. Recipients of Office of Justice Program (OJP) funds for research and statistical activities involving information identifiable to a private person must comply with these regulations.
Considering the sensitive nature of information obtained by NCJJ regarding deviant and delinquent behavior by juveniles in the United States, much of NCJJ's research and statistical projects involve identifiable information. Thus, as a recipient of federal funds for such activities, NCJJ must comply with the requirements of 28 CFR Part 22 and make every reasonable effort to insure the security and confidentiality of data.
NCJJ demonstrates compliance with 28 CFR Part 22 by submitting a Privacy Certificate to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), the federal agency providing funds. The elements of a Privacy Certificate are contained in 28 CFR § 22.23. The Privacy Certificate sets out the policies and procedures used by NCJJ to protect the confidentiality of identifiable information used by NCJJ and its subcontractors or subgrantees in research and statistical activities. These standards apply to the collection, storage, use, transfer, reporting, and publication of such data.
NCJJ will lend data sets containing information identifiable to a private person only to qualified individuals or organizations involved in research and statistical activities. To qualify, an individual or organization must submit:
- A Request for Transfer of Information
- A signed Information Transfer Agreement
- Executed Data Access Agreements
- Privacy Certificate
Any qualified individual or organization interested in obtaining data from the National Juvenile Court Data Archive should contact NCJJ to obtain the necessary forms and additional information about how to submit forms relating to research and statistical activities involving identifiable information.