10/12/22, 6:06 PM TCPS 2: CORE-2022

TCPS 2: CORE-2022

Module A2 - Scope of TCPS 2

Research that is exempt from REB review
TCPS 2 contemplates three sets of strictly defined circumstances where research with human participants does
not require REB review. These exemptions are considered ethically justified because the participants in these
situations are adequately protected through other means.

Information that is legally or publicly accessible, with no expectation of privacy

Research does not require REB review when it relies exclusively on information that is:

a. publicly available through a mechanism set out by legislation or regulation and that is protected by law; or
b. in the public domain and the individuals to whom the information refers have no reasonable expectation of
privacy (Article 2.2).

Observation of people in public places

REB review is not required for research involving the observation of people in public places where:

a. it does not involve any intervention staged by the researcher, or direct interaction with the individuals or
groups;
b. individuals or groups targeted for observation have no reasonable expectation of privacy; and
c. any dissemination of research results does not allow identification of specific individuals. (Article 2.3).

Secondary use of anonymous information or human biological materials

Secondary use is the “use in research of information or human biological materials originally collected for a
purpose other than the current research purpose.” Research that relies exclusively on secondary use of
anonymous information, or anonymous human biological materials, is exempt from REB review, so long as the
process of data linkage or recording or dissemination of results does not generate identifiable information
(Article 2.4).

The basis for this exemption is that, under the TCPS 2, anonymous information or anonymous human
biological materials are information / materials that have never had any identifiers attached to them, and the
information will not be linked to other information that would make it identifiable. In the current digital age, this
exemption applies only to a limited number of cases.

For more details on the definition of anonymous – see Module A6.

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