Abstract

This chapter examines the relationship between the values of researchResearch and privacy in the context of medical research on patient data. An analytical framework is developed by interpreting the conception of privacyPrivacy advanced in the jurisprudence of the European Court of Human RightsHuman rights by reference to the Principle of Generic ConsistencyPrinciple of Generic Consistency, seminally argued to be the supreme principle of moralityMoralityby Alan GewirthAlan Gewirth. This framework is used to uncloak the inequity of positions uncompromisingly prioritising research values over privacy values or vice versa—research worship and consentConsent worship, respectively. We then apply this framework to three hypothetical studies to show how apparent conflicts between research and privacy values can be resolved.