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Ethical justification for conducting public health surveillance without patient consent

Author

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  • Lee, L.M.
  • Heilig, C.M.
  • White, A.

Abstract

Public health surveillance by necessity occurs without explicit patient consent. There is strong legal and scientific support for maintaining name-based reporting of infectious diseases and other types of public health surveillance. We present conditions under which surveillance without explicit patient consent is ethically justifiable using principles ofcontemporaryclinical and public health ethics. Overriding individual autonomy must be justified in terms of the obligation of public health to improve population health, reduce inequities, attend to the health of vulnerable and systematically disadvantaged persons, and prevent harm. In addition, data elements collected without consent must represent the minimal necessary interference, lead to effective public health action, and be maintained securely.

Suggested Citation

  • Lee, L.M. & Heilig, C.M. & White, A., 2012. "Ethical justification for conducting public health surveillance without patient consent," American Journal of Public Health, American Public Health Association, vol. 102(1), pages 38-44.
    • Handle: RePEc:aph:ajpbhl:10.2105/ajph.2011.300297_6
    DOI: 10.2105/AJPH.2011.300297
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    Cited by:

    1. Molldrem, Stephen & Hussain, Mustafa I. & McClelland, Alexander, 2021. "Alternatives to sharing COVID-19 data with law enforcement: Recommendations for stakeholders," Health Policy, Elsevier, vol. 125(2), pages 135-140.
    2. Moctezuma Garcia & Samantha Devlin & Jared Kerman & Kayo Fujimoto & Lisa R. Hirschhorn & Gregory Phillips & John Schneider & Moira C. McNulty, 2023. "Ending the HIV Epidemic: Identifying Barriers and Facilitators to Implement Molecular HIV Surveillance to Develop Real-Time Cluster Detection and Response Interventions for Local Communities," IJERPH, MDPI, vol. 20(4), pages 1-11, February.
    3. Gouda, Hebe N. & Flaxman, Abraham D. & Brolan, Claire E. & Joshi, Rohina & Riley, Ian D. & AbouZahr, Carla & Firth, Sonja & Rampatige, Rasika & Lopez, Alan D., 2017. "New challenges for verbal autopsy: Considering the ethical and social implications of verbal autopsy methods in routine health information systems," Social Science & Medicine, Elsevier, vol. 184(C), pages 65-74.

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