Currently accepted at: Journal of Medical Internet Research
Date Submitted: May 1, 2026
Open Peer Review Period: May 3, 2026 - Jun 28, 2026
Date Accepted: Aug 18, 2026
Date Submitted to PubMed: Aug 18, 2026
(closed for review but you can still tweet)
This paper has been accepted and is currently in production.
It will appear shortly on 10.2196/99980
The final accepted version (not copyedited yet) is in this tab.
An "ahead-of-print" version has been submitted to Pubmed, see PMID: 42610541
Dissolution of Continuity of Ethical Governance in Data Science Health Research: A Diagnostic and Response Framework for Lifecycle Oversight
ABSTRACT
Traditional research ethics governance was designed for bounded protocols, identifiable investigators, and temporally limited encounters with human participants. Data science health research (DSHR) disrupts that architecture because health data, biological materials, computational representations, and models persist, travel, combine, and acquire new uses across time. We use DSHR broadly to include data science health research and adjacent secondary uses of health data, models, and biological materials, including learning health systems, public-health surveillance, quality improvement, operations, commercial product development, and artificial intelligenceāenabled translational uses that rely on health data or material lineages. We introduce Ethical Governance Continuity Dissolution (EGCD), the progressive and sometimes irreversible loss of domain-specific governance authority across a data, model, or biological-material lineage, such that no coherent set of actors, instruments, and community processes can authorize, constrain, monitor, adjudicate, or remediate current use in relation to the persons and communities of origin. EGCD is distinct from consent staleness, function creep, contextual integrity violation, algorithmic drift, or a single defective data-use agreement. It is the systemic condition in which several such failures together compromise the authority needed to govern current use. Building on our prior work on representational veracity and the continuity trap, we propose a diagnostic architecture that assesses six governance-authority domains, applies three diagnostic criteria, scores each domain from 0 to 3 within a Continuity Authority Matrix, and stages severity from 0 to 4. We then propose an Ethical Continuity Governance and Response Mechanism (ECGRM) comprising a continuity registry, the Continuity Authority Matrix, trigger-based review, a Data Lifecycle Governance Officer function, a Continuity Dissolution Review Board, corrective and preventive action, cross-institutional audit, and community-governance integration. We use a publicly reported Royal FreeāDeepMind Streams example to show how domain scores can identify Stage 2 or Stage 3 risk without converting the framework into a retrospective legal judgment. Implementation is proportionate, so that these functions may operate within existing structures, particularly in under-resourced institutions. The score and staging thresholds are conceptual triage aids, not validated metrics or automated determinations of ethical permissibility, and they require empirical validation and inter-rater reliability testing. Their purpose is to prevent the silent loss of governance authority while data, models, and biological materials continue to affect the lives, identities, and community standing of the persons and groups from whom they were derived. Lawful public-health surveillance under a competent authority is a legitimate governance handoff, not EGCD; EGCD arises when authority is not transferred, traceable, accountable, or remediable. This Viewpoint is addressed to research ethics committees and institutional review boards, data access committees, data stewards, biobank and registry leaders, artificial intelligence governance teams, regulators, funders, community-governance bodies, and investigators.
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Copyright
© The authors. All rights reserved. This is a privileged document currently under peer-review/community review (or an accepted/rejected manuscript). Authors have provided JMIR Publications with an exclusive license to publish this preprint on it's website for review and ahead-of-print citation purposes only. While the final peer-reviewed paper may be licensed under a cc-by license on publication, at this stage authors and publisher expressively prohibit redistribution of this draft paper other than for review purposes.