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Legal perspectives on black box recording devices in the operating environment

BACKGROUND: A video and medical data recorder in the operating theatre is possible, but concerns over privacy, data use and litigation have limited widespread implementation. The literature on legal considerations and challenges to overcome, and guidelines related to use of data recording in the sur...

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Autores principales: van Dalen, A. S. H. M., Legemaate, J., Schlack, W. S., Legemate, D. A., Schijven, M. P.
Formato: Online Artículo Texto
Lenguaje:English
Publicado: John Wiley & Sons, Ltd 2019
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6790687/
https://www.ncbi.nlm.nih.gov/pubmed/31112294
http://dx.doi.org/10.1002/bjs.11198
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author van Dalen, A. S. H. M.
Legemaate, J.
Schlack, W. S.
Legemate, D. A.
Schijven, M. P.
author_facet van Dalen, A. S. H. M.
Legemaate, J.
Schlack, W. S.
Legemate, D. A.
Schijven, M. P.
author_sort van Dalen, A. S. H. M.
collection PubMed
description BACKGROUND: A video and medical data recorder in the operating theatre is possible, but concerns over privacy, data use and litigation have limited widespread implementation. The literature on legal considerations and challenges to overcome, and guidelines related to use of data recording in the surgical environment, are presented in this narrative review. METHODS: A review of PubMed and Embase databases and Cochrane Library was undertaken. International jurisprudence on the topic was searched. Practice recommendations and legal perspectives were acquired based on experience with implementation and use of a video and medical data recorder in the operating theatre. RESULTS: After removing duplicates, 116 citations were retrieved and abstracts screened; 31 articles were assessed for eligibility and 20 papers were finally included. According to the European General Data Protection Regulation and US Health Insurance Portability and Accountability Act, researchers are required to make sure that personal data collected from patients and healthcare professionals are used fairly and lawfully, for limited and specifically stated purposes, in an adequate and relevant manner, kept safe and secure, and stored for no longer than is absolutely necessary. Data collected for the sole purpose of healthcare quality improvement are not required to be added to the patient's medical record. CONCLUSION: Transparency on the use and purpose of recorded data should be ensured to both staff and patients. The recorded video data do not need to be used as evidence in court if patient medical records are well maintained. Clear legislation on data responsibility is needed to use the medical recorder optimally for quality improvement initiatives.
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spelling pubmed-67906872019-10-18 Legal perspectives on black box recording devices in the operating environment van Dalen, A. S. H. M. Legemaate, J. Schlack, W. S. Legemate, D. A. Schijven, M. P. Br J Surg Reviews BACKGROUND: A video and medical data recorder in the operating theatre is possible, but concerns over privacy, data use and litigation have limited widespread implementation. The literature on legal considerations and challenges to overcome, and guidelines related to use of data recording in the surgical environment, are presented in this narrative review. METHODS: A review of PubMed and Embase databases and Cochrane Library was undertaken. International jurisprudence on the topic was searched. Practice recommendations and legal perspectives were acquired based on experience with implementation and use of a video and medical data recorder in the operating theatre. RESULTS: After removing duplicates, 116 citations were retrieved and abstracts screened; 31 articles were assessed for eligibility and 20 papers were finally included. According to the European General Data Protection Regulation and US Health Insurance Portability and Accountability Act, researchers are required to make sure that personal data collected from patients and healthcare professionals are used fairly and lawfully, for limited and specifically stated purposes, in an adequate and relevant manner, kept safe and secure, and stored for no longer than is absolutely necessary. Data collected for the sole purpose of healthcare quality improvement are not required to be added to the patient's medical record. CONCLUSION: Transparency on the use and purpose of recorded data should be ensured to both staff and patients. The recorded video data do not need to be used as evidence in court if patient medical records are well maintained. Clear legislation on data responsibility is needed to use the medical recorder optimally for quality improvement initiatives. John Wiley & Sons, Ltd 2019-05-21 2019-10 /pmc/articles/PMC6790687/ /pubmed/31112294 http://dx.doi.org/10.1002/bjs.11198 Text en © 2019 The Authors. BJS published by John Wiley & Sons Ltd on behalf of BJS Society Ltd. This is an open access article under the terms of the http://creativecommons.org/licenses/by-nc/4.0/ License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited and is not used for commercial purposes.
spellingShingle Reviews
van Dalen, A. S. H. M.
Legemaate, J.
Schlack, W. S.
Legemate, D. A.
Schijven, M. P.
Legal perspectives on black box recording devices in the operating environment
title Legal perspectives on black box recording devices in the operating environment
title_full Legal perspectives on black box recording devices in the operating environment
title_fullStr Legal perspectives on black box recording devices in the operating environment
title_full_unstemmed Legal perspectives on black box recording devices in the operating environment
title_short Legal perspectives on black box recording devices in the operating environment
title_sort legal perspectives on black box recording devices in the operating environment
topic Reviews
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6790687/
https://www.ncbi.nlm.nih.gov/pubmed/31112294
http://dx.doi.org/10.1002/bjs.11198
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