What are the ethical, legal and social considerations for recording, sharing and utilizing surgical videos? A thematic analysis and framework to guide stakeholders

Introduction

Surgical videos have tremendous value for education, research, quality improvement and innovation. Yet, recording, storing, sharing and utilizing this form of data are fraught with challenges. This study aims to produce a roadmap for stakeholders to conceptualize key ethical, legal, and social considerations for acquiring and engaging with surgical videos within their institution and in collaboration with external companies. The resulting framework is rooted in the experiences and perspectives of surgeons and industry professionals.

Methods

An international cohort of 38 surgeons and medical device industry members participated in focus group discussion to reflect on their experiences with navigating surgical data recording policy within their institution and in partnership with external parties. Transcripts from the focus group discussions were coded using inductive and deductive thematic analysis to develop a framework of participants’ experiences.

Results

Key issues of ethical, intellectual property and legal considerations were identified that transcended any institution or jurisdiction. Participants reported little to no existence or awareness of institutional policies surrounding issues of ownership and commercialization. We summarize considerations related to patient and personnel consent, ethical principles, and data storage, security, access, and ownership. Our framework guides stakeholders stepwise through key issues, with recommendations and considerations to protect all involved parties.

Conclusion

A framework was developed to guide surgeons, institutions and industry partners through key considerations when acquiring surgical videos for various applications. There is a strong need for additional guidelines on the recording, sharing and use of surgical video data to ensure fairness and safety for patients, staff, and external partners.

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