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An examination of Australian and New Zealand legislation governing images of donated cadavers

Citation

Cornwall, J and Chapman, JA and Webb, A and Wee, R and Zimanyi, M, An examination of Australian and New Zealand legislation governing images of donated cadavers, 18th Congress of International Federation of Associations of Anatomists (IFAA), August 8-10, 2014, Beijing, China (2014) [Conference Extract]


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Abstract

Introduction: With the increasing use of the internet and smart devices in education, the use of cadaveric images has become an important subject for anatomy departments to consider. It is important the law is examined in this context so congruence is maintained in terms of best practice, ethical standard and legal obligation, while maintaining respect for the wishes and rights of body donors.

Methods: Legislation relating to the potential use of cadaveric images in anatomy in New Zealand and Australia (six states, two territories) was reviewed. This included relevant anatomy, transplant, human tissue, and privacy statutes.

Results: Individual statutes relating to donated cadavers do not mention the use of images arising from cadavers. Privacy Acts cover use of identifiable images only, and do not effectively provide rights to protect the interest of deceased donors as complaints must be made by the person in question. There is no explicit requirement for schools of anatomy to obtain informed consent for the specific use of images from body donors.

Conclusion: In Australasia, current legislation provides little protection for body donors in relation to the acquisition and use of images taken of cadavers. Current privacy law cannot be said to provide adequate protection in terms of procedural safeguards, including enforcement mechanisms, as it is impossible for cadavers to lay complaints. Suggestions are made in relation to strengthening informed consent processes and including additional protection clauses for donors under the relevant legislation relating to body donation.

Item Details

Item Type:Conference Extract
Keywords:Human Anatomy Acts Images Legal Ethics
Research Division:Medical and Health Sciences
Research Group:Other Medical and Health Sciences
Research Field:Medical and Health Sciences not elsewhere classified
Objective Division:Law, Politics and Community Services
Objective Group:Other Law, Politics and Community Services
Objective Field:Law, Politics and Community Services not elsewhere classified
Author:Chapman, JA (Dr Jamie Chapman)
ID Code:96791
Year Published:2014
Deposited By:Medicine (Discipline)
Deposited On:2014-11-21
Last Modified:2014-11-26
Downloads:0

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