Deceptive Practices In Research In New York
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Law § 349. Section 349 - Deceptive acts and practices unlawful (a) Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful.
Deception or incomplete disclosure should only be used when no reasonably effective, alternative methods are available to achieve the goals of the research. Only study procedures that involve minimal risks (as determined by the IRB) can include deception or incomplete disclosure.
The IRB discourages the use of deception when: Alternative methods can be used that will yield valid study results. The deception deprives participants of the opportunity to protect their own interests. The missing information affects the participants' ability to assess the risks of participation.
Examples of Active Deceptive Research Participants complete a quiz and are falsely told that they did poorly, regardless of their performance. Participants who do not know they are in a research study are observed to see how they behave when they find valuables (e.g., wallet, laptop) unattended in a public location.
Some forms of deception include: Lies: making up information or giving information that is the opposite or very different from the truth. Equivocations: making an indirect, ambiguous, or contradictory statement.
