Consent Commons: a proposed model for recognising the rights of people to refuse of withdraw from participation in open educational resources Suzanne Hardy Senior Advisor Higher Education Academy Subject Centre for Medicine, Dentistry and Veterinary Medicine

Clinical settingAcademic setting Doctor collects consent Recordings taken Consent for recordings stored with patient record Clear guidance available Recordings incorporated into educational event Uploaded to VLE No evidence of consent No access to patient record Location of risk unclear We all want to do the right thing!

Consent everything-even where ownership and patient/non-patient rights appear clear, and store consent with resource

CONSENT

Consent as distinct from IPR Defined by the principles in the Data Protection Act 1998 and Human Rights Act 1998 Recognises the need for more sophisticated management of consent for recordings of people (stills, videos, audios, etc.) – Teachers (academics, clinicians, practice/work based learning tutors, etc.) – Students and ‘product placement’ (branded items) – Role players/actors/performers/hired help (including recording crew) – Patients/patient families/care workers/support staff/members of public in healthcare settings (sensitive personal data) – GMC review of the guidelines for consent/patient recordings

Consent as distinct from IPR Proposing a “Consent Commons” – A human subject version of Creative Commons – Accepts a basic human right to refuse their image/voice appearing and, where they have previously consented, their right to withdraw their consent – Would work like Creative Commons in that you hallmark material with the consent status and when consent needs to be reviewed (if ever) – Has levels of release (e.g. Closed; ‘medic restrict’; review [date]; fully open) – Terms of the consent needs to be stored with/near the resource

consent commons Consent Commons ameliorates uncertainty about the status of educational resources depicting people, and protects institutions from legal risk by developing robust and sophisticated policies and promoting best practice in managing information.

Principles 1.Acknowledge that patients’ interests and rights are paramount. 2.Respect the rights to privacy and dignity of other people who are included in recordings, such as family members and health care workers. 3.Respect the rights of those who own the recordings and the intellectual property of those recordings, and check and comply with the licences for use. 4.Take professional responsibility for your making and use of recordings and alert colleagues to their legal and ethical responsibilities where appropriate.

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