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Can institutions and investigators subject to the Federal Health Insurance Privacy and Portability Act (HIPAA) Privacy Rule share data in accord with the NIH Data Sharing policy?

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Can institutions and investigators subject to the Federal Health Insurance Privacy and Portability Act (HIPAA) Privacy Rule share data in accord with the NIH Data Sharing policy?

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Yes. NIH recognizes that data sharing may be complicated or limited, in some cases, by institutional policies or local IRB rules, as well as by local, state and Federal laws and regulations like the Privacy Rule. To protect the rights and privacy of people who participate in NIH-sponsored research, data intended for broader use should be free of identifiers that would permit linkages to individual research participants, and exclude variables that could lead to deductive disclosure of the identity of individual subjects. When data sharing is limited, applicants should explain such limitations in their data sharing plans.

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