Managing legacy content
Managing legacy content
Legacy consent refers to consent obtained in earlier research where data sharing or reuse was not clearly addressed. This can create uncertainty when preparing data for archiving or wider access.
Researchers should review the original consent materials to establish what participants were told about future use of their data. Where consent included reference to future research, data sharing may be appropriate, particularly where data are anonymised.
If consent for sharing is unclear or absent, researchers should assess whether use of the data can be justified. Situations where consent cannot be obtained are exceptional and should be considered on a case-by-case basis, with clear justification and appropriate ethical review.
In such cases, researchers should consider:
- whether the research has clear value and benefit
- whether the same aims could be achieved using alternative data or methods
- whether there is no, or only minimal, risk of harm to participants.
It is possible to share data without explicit consent, but this requires careful consideration of the specific context. Researchers should consider:
- identifiability of individuals or organisations
- whether data are personal or sensitive
- participants’ likely expectations about data sharing
- potential harm to participants or third parties
- possibilities for anonymisation or de-identification
- need for further ethical review.
Where feasible, researchers should seek additional consent from participants, especially for sensitive or identifiable data. If recontact is not possible, steps should be taken to minimise risks. This may include anonymising data or applying access controls, such as restricting use to approved researchers. Researchers should ensure that any use of legacy data remains consistent with ethical standards and data protection requirements. Advice from institutional ethics committees or data governance bodies should be sought where there is uncertainty.
Decisions about the use of data under legacy consent should be clearly documented, including the justification for proceeding and any safeguards applied.
A researcher has completed a study using interview data collected several years ago. At the time, participants consented to take part in the research, but data sharing or archiving was not discussed. The researcher now wishes to deposit the data in a repository for future research use but does not have explicit consent to do so.
In this situation, data sharing may still be possible, but it requires careful assessment, appropriate safeguards, and, where necessary, ethical review.
Steps to follow:
- review original consent and study documentation
- identify what consent does and does not cover
- assess identifiability, sensitivity and disclosure risk
- consider participants’ likely expectations
- evaluate potential harm to participants or third parties
- seek reconsent where feasible
- anonymise or de-identify data where possible
- consider controlled or restricted access instead of open sharing
- seek ethics or governance advice
- document decisions and justification
- deposit only data that can be ethically and legally shared.
Outcome
The researcher determines that recontacting participants is not feasible. The data are carefully anonymised to remove identifying details, and a risk assessment is carried out. Following consultation with an ethics committee, the data are deposited under controlled access conditions. This approach enables future research use while protecting participants and remaining consistent with ethical and legal requirements.