Integrating law, technology, and design : teaching data protection and privacy law in a digital age

Key Points The data protection lawyer of the future will be a key intermediary of innovation—or ‘transaction engineer’—who facilitates and coordinates new forms of business and other social relationships in rapidly evolving multi-disciplinary settings. The effective performance of this function requires legal professionals to develop a different mindset, along with new skills and capacities, specifically a better understanding of the underlying technologies and the value and techniques of legal design, as well as a knowledge of relevant data protection law. Transferable principles for teaching data protection law and privacy law in a digital age are identified. The article proposes a task-oriented, gamified, and sandbox approach to data protection education that delivers a more relevant student experience that cultivates meaningful capacities and skills that are more closely aligned with the needs and values of a digital age.©The Author(s) 2022. Published by Oxford University Press. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited.fi=vertaisarvioitu|en=peerReviewed

Legal, ethical, and wider implications of suicide risk detection systems in social media platforms

Suicide remains a problem of public health importance worldwide. Cognizant of the emerging links between social media use and suicide, social media platforms, such as Facebook, have developed automated algorithms to detect suicidal behavior. While seemingly a well-intentioned adjunct to public health, there are several ethical and legal concerns to this approach. For example, the role of consent to use individual data in this manner has only been given cursory attention. Social media users may not even be aware that their social media posts, movements, and Internet searches are being analyzed by non-health professionals, who have the decision-making ability to involve law enforcement upon suspicion of potential self-harm. Failure to obtain such consent presents privacy risks and can lead to exposure and wider potential harms. We argue that Facebook's practices in this area should be subject to well-established protocols.' These should resemble those utilized in the field of human subjects research, which upholds standardized, agreed-upon, and well-recognized ethical practices based on generations of precedent. Prior to collecting sensitive data from social media users, an ethical review process should be carried out. The fiduciary framework seems to resonate with the emergent roles and obligations of social media platforms to accept more responsibility for the content being shared

Community-based health care providers as research participant recruitment gatekeepers: ethical and legal issues in a real-world case example

Community-based mental health care providers (CBMHCPs) are increasingly contacted by external researchers for research study recruitment. Unfortunately, many do not possess the resources or personnel with the skills required to successfully evaluate research proposals for risks. Providing access to clients and client health information can result in harmful personal and legal consequences if the proper safeguards do not exist. This article discusses the legal requirements and practical implications for CBMHCPs when acting as gatekeepers. A case study from a large CBMHCP is presented as an illustration of steps that can be taken to protect clients and avoid risk. Additional recommendations for establishing protective safeguards and research evaluation protocols are discussed.</p

Ethical perspectives on surgical video recording for patients, surgeons and society: systematic review

Background Operating-room audiovisual recording is increasingly proposed, although its ethical implications need elucidation. The aim of this systematic review was to examine the published literature on ethical aspects regarding operating-room recording. Methods MEDLINE (via PubMed), Embase, and Cochrane databases were systematically searched for articles describing ethical aspects regarding surgical (both intracorporeal and operating room) recording from database inception to the present (the last search was undertaken in July 2022). Medical subject headings used in the search included ‘operating room’, ‘surgery’, ‘video recording’, ‘black box’, ‘ethics’, ‘consent’, ‘confidentiality’, ‘privacy’, and more. Title, abstract, and full-text screening determined relevance. The quality of studies was assessed using Centre for Evidence-Based Medicine grading and no formal assessment of risk of bias was attempted given the theoretical nature of the data collected. Results From 1048 citations, 22 publications met the inclusion criteria, with three more added from their references. There was evident geographical (21 were from North America/Europe) and recency (all published since 2010) bias and an exclusive patient/clinician perspective (25 of 25). The varied methodology (including ten descriptive reviews, seven opinion pieces, five surveys, two case reports, and one RCT) and evidence level (14 level V and 10 level III/IV) prevented meaningful systematic grading/meta-analysis. Publications were narratively analysed for ethical thematic content (mainly education, performance, privacy, consent, and ownership) that was then grouped by the four principles of biomedical ethics of Beauchamp and Childress, accounting for 63 distinct considerations concerning beneficence (22 of 63; 35 per cent), non-maleficence (17 of 63; 27 per cent), justice (14 of 63; 22 per cent), and autonomy (10 of 63; 16 per cent). From this, a set of proposed guidelines on the use of operative data is presented. Conclusion For a surgical video to be a truly valuable resource, its potential benefits must be more fully weighed against its potential disadvantages, so that any derived instruments have a solid ethical foundation. Universal, ethical, best-practice guidelines are needed to protect clinicians, patients, and society