The continued use of unethically obtained data: an ethical and moral grey zone

Emily Heffernan

Abstract

The ethics of medical research is a constantly evolving field that has developed in response to failings of morality and breaches of human rights that have occurred in studies of human-based medical research. Indeed, some of the main ethical codes governing research, the Nuremberg and Helsinki Codes, were developed in response to the atrocities committed against Holocaust victims during research by Nazi physicians during the Second World War. However, despite the development of these codes, gross ethical failings continued to occur in the pursuit of medical research, such as in the infamous Tuskegee Syphilis study and the Willowbrook School hepatitis study. Whilst these studies have been widely condemned by the medical community, the data obtained has continued to be cited in publications. This report aims to explore data obtained by unethical means, using ethical frameworks and codes to explore whether the continued use of this data can be justified in furthering medical knowledge and informing practice, such that outcomes for patients may be improved.