This feels like it creates a massive ethical loophole.
There are different ways to gather pure factual information, too. In particular where the factual information you are trying to gather is information about the extent to which someone complies with the law, there's some real danger in being able to fall back on a 'we're just gathering facts' defense.
Take this example: "a researcher calls the director of a shelter for battered women and asks her for the average length of stay of the women who use the shelter"
What are the regulatory requirements shelters need to comply with? Do any of them concern length of stay? Are there any liabilities a shelter might expose itself to if it were known that it had women staying there for longer than a certain period? Or individual liabilities if it were discovered that they restrict how long people can stay? Would they potentially expose any of their clients to danger if the length of stay information were revealed to a particular person?
If so, then providing the answer to that question is something the shelter needs to give some thought to. And the manner of their response might be different if that question were posed to them by:
- a woman enquiring about staying at the shelter
- a government inspector
- their landlord
- a random man phoning them
- a journalist
- an academic researcher identifying themselves and the nature of the study they are conducting
So if as an academic you ask a 'just gathering information' question, but conceal your identity, don't share whether the information will be aggregated or identifiable, and don't explain what you're gathering the information for, you are not just collecting a fact - you are forcing the person you are asking to make an evaluation of what information to provide; in other words, you are creating a human behavior, and what you are studying will be the outcome of that.
There are different ways to gather pure factual information, too. In particular where the factual information you are trying to gather is information about the extent to which someone complies with the law, there's some real danger in being able to fall back on a 'we're just gathering facts' defense.
Take this example: "a researcher calls the director of a shelter for battered women and asks her for the average length of stay of the women who use the shelter"
What are the regulatory requirements shelters need to comply with? Do any of them concern length of stay? Are there any liabilities a shelter might expose itself to if it were known that it had women staying there for longer than a certain period? Or individual liabilities if it were discovered that they restrict how long people can stay? Would they potentially expose any of their clients to danger if the length of stay information were revealed to a particular person?
If so, then providing the answer to that question is something the shelter needs to give some thought to. And the manner of their response might be different if that question were posed to them by:
- a woman enquiring about staying at the shelter
- a government inspector
- their landlord
- a random man phoning them
- a journalist
- an academic researcher identifying themselves and the nature of the study they are conducting
So if as an academic you ask a 'just gathering information' question, but conceal your identity, don't share whether the information will be aggregated or identifiable, and don't explain what you're gathering the information for, you are not just collecting a fact - you are forcing the person you are asking to make an evaluation of what information to provide; in other words, you are creating a human behavior, and what you are studying will be the outcome of that.