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Legal and Ethical Frameworks

YUFE Alliance · 6,862 words · 32 min read

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0:06So uh good afternoon everyone. Uh first

0:09of all I'd like to thank the research

0:11office for inviting me to give this

0:12training. Um I'm

0:16as told you I work as an investigation

0:19manager at the center of excellence for

0:22bio banking in biomedical research at

0:24the university. Um and uh you heard

0:28about my research and today

0:33uh we we're going to look at how

0:36researchers can navigate their ethical

0:39and legal responsibilities and horizon

0:42Europe uh focusing on topics such as

0:44ethics review uh process and GDPR

0:48compliance and informed consent. So the

0:51session will last about 1 hour and uh

0:54I'll try to include two three practical

0:57scenarios at the end uh to help

0:59illustrate how these principles apply in

1:01real projects. Uh you'll also have time

1:04at the end to ask questions. I'm happy

1:06to receive questions from you uh to my

1:09email and I will also share the slides.

1:13Um so this is a short time in this short

1:17time together we'll focus on the

1:19essentials uh the key ideas and steps

1:22that uh every researcher should

1:24understand while giving you a clear

1:27picture of how to approach more complex

1:30issues later on. Uh the goal isn't to uh

1:34make you an expert in regulations but to

1:36show how uh how legal and ethical

1:38frameworks actually support uh good

1:40science.

1:42Uh so let's start

1:45um

1:47uh and explore how law and ethics come

1:50together to make research both compliant

1:52and meaningful.

1:54So before we examine how ethics are

1:57addressed uh within horizon uh and what

2:01they mean how they are evaluated and

2:03what researchers must do to ensure

2:05compliance and integrity uh throughout

2:08their projects. you will first consider

2:10very briefly uh from where researchers

2:13responsibilities arise by explaining uh

2:16the background of ethical and legal

2:19frameworks. So uh research ethics didn't

2:22emerge overnight. Uh it evolved through

2:25history and shaped by uh responses to

2:28harm and injustice. Uh each milestone uh

2:31we see here at this slide uh from

2:34neurenburgg code of yellow convention

2:37and GDPR. Now the AI act have

2:40strengthened uh and protected uh values

2:44such as dignity, integrity and

2:46accountability in science. So today

2:49these uh principles guide all research

2:52across Europe.

2:55So the major uh principles

2:58are of course um uh autonomy, dignity uh

3:03informed consent and we always act with

3:07beneficience

3:09and justice trustworthiness

3:11and avoiding harm. So the ali convention

3:15reinforces it values as legal

3:17obligations uh not just moral ones as it

3:21is binding.

3:24So um human rights and research ethics

3:28are deeply connected

3:31uh by protecting individuals uh their

3:34privacy, their health and freedom of

3:37thought. So researchers must uphold

3:39these rights in every step uh of data

3:42collection, consent and engagement. Uh

3:46and these ethical practices that both a

3:49legal and a human uh responsibility. The

3:52most important rights uh are that are

3:55relevant to what we're going to talk

3:57today. Of course, the right to privacy

3:59and data protection, the right to life

4:02and health, the right to freedom of

4:04expression, and importantly, the right

4:07to benefit from scientific progress, and

4:10to participate in cultural intellectual

4:12life.

4:16So uh the most relevant human right uh

4:20in contemporary uh research science is

4:23of course uh uh the right to private and

4:27family life under article 8 of the

4:30European convention on human rights. Uh

4:32this means our work with personal or

4:35health data must always balance public

4:38benefit with individual protection. So

4:40privacy is not a technical addon. It is

4:44a fundamental rights.

4:48Uh and of course for setting the

4:50background um uh one right we cannot uh

4:56continue without talking is

4:59uh the right to scientific progress.

5:02This is an important right but it's a

5:04bit forgotten. Uh so the European uh so

5:09the universal declaration of human

5:11rights introduces the right uh in 1948.

5:15Uh and the right uh uh says that uh you

5:20have the right to benefit from

5:22scientific progress and to be recognized

5:25for one's contribution. This is a dual

5:28right and ensures both public access to

5:31knowledge and fair credit to

5:33researchers. Um

5:36so this right has uh now uh been um

5:42applied in article 15 of the

5:44international convention on economic

5:46social and cultural rights uh and states

5:50uh and and obliges the states to make

5:54science available accessible and of

5:57quality. Uh it appears that scientific

6:00freedom and responsibility go hand in

6:02hand. uh nonetheless researchers are

6:06stewards of of this freedom and must use

6:09it ethically.

6:13So what is the right to scientific

6:15progress? Uh the right scientific

6:17process is that everyone has the right

6:18to receive the benefits of a scientific

6:21advancement and in the same time

6:24researchers have the right to uh proper

6:27attribution and the recognition of their

6:29intellectual and innovative ideas. So

6:32the right scientific process about uh

6:35access quality and inclusion uh and

6:38remind us that ethics isn't the buyer is

6:41what enables trust and participation.

6:46So responsible research ensures everyone

6:48benefits from this innovation.

6:52So uh we always have this challenge um

6:56how to balance the necessity of either

7:00utilizing healthcare or having human

7:04subjects um in our research with uh

7:09safeguarding trust and the rights of uh

7:11human participants. Uh and we have to do

7:14that even when there is uncertainty

7:17within uh laws. uh for example uh in

7:22using sensitive data to advance health.

7:25Um

7:27so informed consent and data protection

7:30and transparency

7:33are not optional. They are the the

7:35bridge between progress and production.

7:38And

7:43of course um

7:46uh all research disciplines uh uh and

7:50research uh no matter what the field

7:54whether it is health engineering uh

7:56social science or uh culture the ethical

7:59foundation remains uh the same remains

8:02constant and we adapt uh these

8:05principles to context but never

8:08compromise. on uh dignity, justice,

8:11integrity and so and so forth. Uh this

8:15shared framework grounds the ethics

8:18review process we will discuss next for

8:20Horizon uh 2020.

8:25So

8:28uh where are horizon Europe? Um so uh

8:33let's start with the legal foundation

8:36which is you can see that in article 19

8:39uh of the horizon Europe regulation

8:42uh it establishes that all funded

8:44actions must comply with ethical

8:47principles and with relevant EU national

8:50international

8:52uh law including EU and EU law of course

8:56uh including the EU charter of uh

8:59fundamental rights and the European and

9:01conventions on human rights. And from

9:04this first sentence alone, uh it's clear

9:07that ethics are not um an afterthought.

9:10They are deeply interwined uh with human

9:13rights. Uh the regulation explicitly

9:17highlights principles such as

9:18proportionality

9:20uh respect for privacy and data

9:22protection uh the physical and mental

9:24integrity of persons non-discrimination

9:27and protection of environment and human

9:30health. Uh these princ uh principles

9:33form the ethical foundation of every

9:36horizon uh Europe project. Uh so when

9:39you design uh a study proposal you are

9:42expected to demonstrate how your

9:45research upholds these values.

9:50Uh so now uh that we've seen where

9:53ethics are introducing horizon uh Europe

9:56regulation uh let's move to the uh model

10:00brand agreement which is the second key

10:03legal reference uh the document that

10:06formally defines the relationship

10:07between

10:08uh your project uh consulting in the

10:11European Commission uh within the GRA

10:14agreement article 14 specifically

10:16addresses ethics and research integrity.

10:19It enforces the same principles as the

10:22regulation but provides uh more

10:26operational detail about how they apply

10:28in practice. uh it states that all

10:31beneficiaries must carry out their

10:33activities in full compliance with uh

10:35ethical principles including uh the

10:38highest standards of research integrity

10:40and in line with uh all applicable EU

10:44national and international laws

10:46including the uh charter of fundamental

10:50human rights. Uh another important

10:52requirement is that all activities

10:54funded under Horizon Europe must have an

10:58exclusive focus on civil applications.

11:01Uh this mean that research should not

11:04have a military or non civil purpose. Um

11:08even if it uses dual technologies like

11:11AI, cyber security tools or drones. Uh

11:15these are areas where ethical oversight

11:17is especially critical. Uh and finally,

11:21article 14 uh reminds beneficiaries that

11:25participation in her in Europe also

11:28implies a commitment to fundamental

11:30values of the European Union which are

11:33of course respect for human dignity,

11:36freedom, democracy, equality, the rule

11:38of law and human rights, including the

11:41rights of minorities.

11:43So in other words, ethics in Horizon

11:46Zero go far beyond compliance. They

11:48express to use a broader vision of

11:51responsible uh human centered research.

11:55Uh whether your work is in medicine, AI,

11:58social science or engineering, these

12:00principles apply equally. Ethics is

12:04everywhere in research and every project

12:06is expected to reflect these values in

12:09its design and implementation.

12:13So um what cannot be funded very

12:16quickly. Uh

12:19so um Ryzen will not find any under

12:23circumstances

12:25uh whatever is defined in article 18 of

12:27the regulation

12:30um and that uh include human uh cloning

12:34uh for reproductive purposes, genetic

12:37modification of human beings that could

12:40become heritable uh creation of human

12:43embryos solely for researcher or for

12:46stem cell procurement

12:49uh somatic cell nuclear transfer

12:51techniques or any activity that leads to

12:54the destruction of human embryos. Uh

12:57research involving human uh stem cells

13:00both adult and embryotic may be funded

13:02only if it complies with national

13:05legislation and UF standards. uh this

13:09means that uh a project involving such

13:13research can proceed only in the

13:16countries where it is legally permitted.

13:19So always check uh three levels of

13:21compliance. The national EU and

13:24international uh laws um bad compliance

13:28with EU and international human rights

13:31law remains mandatory.

13:41So there um there are nine ethics issues

13:44in horizon Europe. Um

13:49uh so uh the European Commission has

13:52identified these nine main categories of

13:55ethics issues that may arise in

13:57research. uh the first is human

14:00embryotic stem cell and human embryos

14:03followed by human participants and then

14:06human cells and tissue. Next we have

14:08personal data which cover all research

14:11involving the collection uh storage or

14:14processing of personal or sensitive

14:16information. Then of course uh there's

14:18animal animals uh non-U countries uh

14:22environmental

14:24uh environmental health and safety and

14:28uh new horizon uh is of course

14:31artificial intelligence.

14:33AI was not considered as a separate

14:35ethics category by June 2020

14:39uh initially but it has now been

14:41recognized as a distinct and complex

14:43area especially because um of the

14:46potential of bias discrimination and

14:50challenges to accountability and

14:52transparency.

14:54Uh so finally there is a ninth more

14:56flexible cateorium. Uh and you can see

14:59that in the ethics

15:01um called other ethics issues. Uh this

15:05is where you would plug anything that

15:07does not keep uh an input into the

15:11predefined boxes. for example, social or

15:14behavioral uh research

15:18that could be uh misused or that raises

15:22new ethical questions to MIT

15:25technologies. Uh and then um cutting

15:28across all these areas there are two

15:31important underlying considerations that

15:33are always addressed. One is the risk of

15:36crosscutting uh or overlapping issues

15:40where several ethics dimensions interact

15:43and the other is the potential of misuse

15:46of results. Uh in other words, even if

15:49your project is fully compliant and well

15:52intention, it's important to think about

15:54how your results might be um supplied in

15:58a way that causes harm or violates

16:01rights. So designing categories form the

16:04backbone of ethics process and

16:07recognizing where your project fits

16:10among them is the first step forwards a

16:13strong and credible proposal.

16:20So um

16:24another cost adding concern is in use

16:27when research outcomes could be applied

16:30for harmful or unethical purposes. This

16:33includes knowledge material or knowledge

16:36material or technologies that might be

16:39repurposed for criminal or terrorist

16:43activities or contribute to chemical

16:46biological ideological or nuclear weapon

16:49development. So misuse can also be uh

16:54sub in sub in forms. For instance,

16:58surveillance technologies that undermine

17:00civil liberties uh or uh datadriven

17:04profiling tools uh that risk uh

17:08discrimination or stigmatization of

17:10vulnerable uh groups. Uh so in horizon

17:14Europe these fall under ethics issues

17:17table but may also overlap with uh

17:21security review if they pose potential

17:24safety threats. So researchers are

17:27expected to anticipate and mitigate

17:30these uses uh through carefully design

17:33and transpiring governance and ethical

17:36inflection.

17:44So why ethics matter?

17:47And now that we've seen um what ethics

17:51in horizon Europe looks like in

17:53practice, let's take a moment to talk

17:56about why it actually matters. What's

17:59the motive behind all this? Uh so ethics

18:02in research uh is something as an

18:06administrative task uh something uh you

18:09complete at the end of a proposal just

18:11before submission. But in reality,

18:14ethics and integrity are not above

18:17exercise. They are core components of

18:20excellent research and innovation. Uh

18:23the European Commission sees ethics as a

18:25foundation of trust pass and science

18:28innovation and the people behind it.

18:32And uh this is why uh the commission

18:36promotes what we call ethics by design.

18:39Means thinking about ethical aspects

18:41from the very beginning and integrating

18:44them uh into your research planning and

18:47design and not adding them later as an

18:51afterthought.

19:01So uh what is the practical process uh

19:05the ethics issue table and self

19:07assessment. Um so now uh we understand

19:11the ethical and legal foundations of

19:14Horizon Europe. Uh which is the why. Uh

19:17let's turn to the practical process. How

19:19ethics are identified, evaluated and

19:23monitored within a proposal. Uh the

19:27first and most important step is

19:29completing the ethics self assessment

19:31which is found in part A. uh section

19:34four that need forms in the EU funding

19:38uh independence portal. Uh this process

19:41has two simple steps but both are quite

19:44crucial. Uh the first step uh you answer

19:48a series of questions in the ethics

19:50issue table. Uh this question help

19:53identify whether your research involves

19:56any activity with ethical implications

19:59such as human participation.

20:02Um

20:06and the second step is whether you have

20:10uh if you have answered yes to any

20:12question you must provide additional

20:15information explaining how you will

20:17address uh that issue and how you appro

20:21your approach ensures compliance with

20:23all relevant laws and ethical standards.

20:26Uh for instance, if the project involves

20:28human participants, you must describe uh

20:31your informed consent procedures. Uh

20:33your ethics approval process and your

20:36data protection strategy. If your

20:39project includes AI systems, uh you must

20:42explain how you prevent bias, ensure

20:45explanability and maintain human

20:47oversight.

20:49Um this part your written explanation

20:52forms the ethics self assessment itself.

20:56It becomes part of the proposal and will

20:59uh uh will be examined by ethics expert

21:02during the evaluation.

21:09So here you can see an example of how

21:12the ethics issue table looks in

21:14practice. Uh this one focuses on the

21:17sections about the environment, health

21:19and safety which is one of the main

21:21ethics categories. Uh for example, you

21:24may be asked whether your research uses

21:27uh substances or technologies that could

21:29harm humans, animals or the environment

21:33or if it involves endangered species or

21:36protected areas. If you answer yes,

21:40uh to any of this question, you need to

21:42include a bit more detail in your

21:44proposal. Uh things uh things like a

21:47risk benefit analysis and how you apply

21:51the precautionary principle and what

21:54safety measures you plan to implement.

21:57You should also have supporting

21:59documents ready such as the laboratory

22:01safety classification or any necessary

22:04authorization or permits. Uh the key

22:07idea is that these materials shouldn't

22:09be prepared at the last minute. Um

22:18so some um concrete examples of what the

22:22table includes

22:24um regarding artificial intelligence. Uh

22:28there might be questions and does the

22:30activity involve AI based systems? Could

22:33AI potentially stigmatize or

22:35discriminate against people? Does it

22:38replace or influence human decisions? Uh

22:41similarly for personal data, you will be

22:44asked whether your research involves

22:47processing new or existing uh personal

22:49data or transferring data outside of

22:52you. Uh so if you answer yes to these

22:55questions are there going to be required

22:58a detailed explanation how um you're

23:02going to minimize any risks. Um and uh

23:12so uh let's move to uh the ethics

23:16screening. Uh so after the ethics of

23:19assessment uh that you have completed at

23:23proposal stage the next step is the

23:25ethics screening which is carried out by

23:28the European Commission. Uh this uh

23:31screening only applies to shortlisted

23:33proposals of course uh those on the main

23:38list or the reserve list. uh it's uh

23:42conducted by a British independent

23:44ethics experts and it's completely

23:46separate from the scientific evaluation.

23:49uh so while the scientific review looks

23:52excellent and impact this screen focuses

23:56only on ethics.

23:59Uh so the screen takes place before uh

24:02the grant agreement is signed. uh if the

24:06reviewers identify serious or complex

24:08ethics issues the proposal moves to full

24:11ethics assessment uh which is deeper and

24:14more uh detailed process. Uh so in such

24:18case the signature of the grant

24:20agreement may be slightly delayed until

24:22all ethics requirements are uh clearly

24:26defined. Uh for proposal that don't

24:29raise any major ethics concerns, uh the

24:32process is much simpler and they are

24:36cleared with no additional ethics

24:38requirements.

24:45So um

24:48as mentioned when a project is found to

24:51raise serious or complex uh ethics

24:54issues it must go through a full ethics

24:57assessment but when does a proposal

25:00qualify as serious? uh it's considered

25:04serious when the research has the

25:06potential to violate fundamental rights

25:09or freedoms uh as protected by the EU

25:12charter of fundamental rights or the

25:15European convention of human rights.

25:17It's also serious if the project could

25:20undermine key EU values u the values

25:23that we already talked about human

25:26dignity freedom and democracy and the

25:29rule of law. Uh another case is when uh

25:33uh the research could cause significant

25:35harm to participants

25:37uh researchers, the public or to animals

25:39or the environment. And finally, if

25:42there are concerns about integrity of

25:44the data or research practices meaning

25:48uh doubts about honesty, reliability or

25:52transparency, the proposal will also be

25:54flagged as serious. In such cases, the

25:57commission may request full ethics

25:59assessment before the project can

26:01proceed.

26:07So some proposal are considered complex

26:10from an ethics perspective.

26:13Uh this happens when a research uses

26:16very advanced or untested methods or

26:20technologies that might create

26:22uncertainty about uh participant safety

26:25or the impact on uh fundamental rights

26:28or research integrity. A proposal can

26:31also be complex if it raises significant

26:33ethics issues at scale. For example,

26:36when it involves large number of

26:38participants, uh controversial methods

26:42or high-risk technologies or when the

26:45work is carried out is sensitive or

26:47higher is in sensitive or higher

26:50regions.

26:52Uh so finally projects can be complex

26:55when there is multiple or overlapping

26:58ethics issues. uh for instance research

27:02with marginalized or vulnerable groups

27:05uh where risk like stigmatization or

27:09exclusion could combine and increase the

27:12ethical impact.

27:15So in short complexity arises when a

27:18project scope design or context makes

27:21its uh ethical risk more significant or

27:24harder to manage and that's when uh a

27:27full ethics assessment is usually

27:28required.

27:31So there is also uh a third situation

27:34where a proposal can be considered both

27:37serious and complex from an ethics point

27:40of view. Uh this happens when the

27:42research area itself is the subject of

27:45major ethical debate. Uh for example

27:49when methods or technologies involved

27:51are still being uh widely discussed

27:54among scientists and ethicists.

27:57uh it also applies when uh there are

28:00serious doubts about researchers or

28:03institutions ability to properly manage

28:06or mitigate the risk linked to the

28:08project. Uh another case is uh when the

28:12research uh poses a high risk or of use

28:17and no clear or effective measures exist

28:19to uh contain that risk. Uh finally if

28:23the proposal shows a lack of awareness

28:25of the ethical issues it will

28:28automatically be flagged as serious or

28:30complex. So the most important point is

28:33uh the last point um where if ethics are

28:38not properly addressed uh from the start

28:40the project will undergo uh full ethics

28:44assessment and later face closer

28:47monitoring by the consumer.

28:52very briefly to see what are the

28:55possible outcomes of ethics aiming. Um

28:59so if during uh the assessment you

29:03answer no to all questions meaning your

29:05project raises notical concerns you

29:07receive a straightforward ethics

29:09clearance. Uh if you do answer yes to

29:13some questions uh the concern and ethics

29:16expert will check whether these issues

29:18are serious or complex. Uh if uh not and

29:24your approach complies with national

29:26European international legislation, you

29:29can receive ethics clearance and no

29:30further requirements

29:32are asked. Um however if the project is

29:36uh ethically sound but still needs extra

29:39oversight uh the commission may ask you

29:42to appoint an independent ethics advisor

29:46or ethics work. Uh in that case you see

29:50the conditional ethics clearance. Uh so

29:53finally if your proposal does a series

29:55of complex ethic issues it will go

29:58through a full ethics assessment.

30:01So uh as you can see the more robust you

30:04address ethics early on the sooner uh

30:08this process uh uh we completed

30:22so um

30:26uh once a party goes to full ethics

30:29assessment ment. Uh there are several

30:32possible outcomes. Uh if you do receive

30:35ethic clearance, the grant agreement can

30:37be finalized without delay. Uh if the

30:41proposal receive conditional ethics

30:43clearance, it means that uh certain

30:45ethics requirements must still be met.

30:48Uh so these requirements uh might be

30:52detailed in the ethics summary report

30:54and must be uh fulfilled before the

30:57grant agreement is signed or included as

31:00contractual obligations in the grant

31:02agreement. So often these will involve

31:06creating a dedicated ethics work package

31:09uh with specific ethics deliverables uh

31:13for example providing uh consent

31:15procedures, copies of ethics approvals

31:18and other documentation as part of

31:21reporting and monitoring.

31:34So uh this process doesn't stop once you

31:38get fun. Um ethics continue during the

31:43whole lifetime of the project. Um an

31:46ethics review can be launched if your

31:48project raises complex or sensitive

31:51issues. uh in that case the commission

31:54will check whether um you actually doing

31:58what you promise in terms of consent uh

32:01data protection safety animals welfare

32:05AIS and so on. So this review is not

32:09optional. It's uh uh initiated by the

32:12project officer if something is unclear

32:15or if documents you provided are not

32:18convincing. uh it's then uh handled by

32:23up to five independent ethics experts.

32:25So the message is ethics is not a box to

32:29pick at proposal stage. Uh for highest

32:33project compliance is monitor all the

32:36way through implementation.

32:43So this slide is a clear overview of how

32:48the ethics process unfolds in Horizon

32:50Europe. It's a snapshot. It starts with

32:53the ethics self assessment as we said uh

32:56completed by the applicant during

32:58application phase. uh if the proposal

33:01passes the scientific evaluation and is

33:05uh placed on the main or reserve list it

33:08under goes ethics by consu ethics

33:12experts to evaluate the level and

33:14seriousness of potential issues.

33:17uh projects flagged as relevancies or

33:20complex ethics issues are then subject

33:23to full ethics assessment uh where

33:26additional details may be requested on

33:30ethics work package uh or advisory board

33:33may be needed to be added. Uh finally

33:36for projects with ongoing ethical uh

33:40sensitivities the commission may uh

33:42contact ethics review checks or audits

33:44during the implementation of project.

33:53So um

33:56to probably address ethics uh in your

33:59proposal and project the first step is

34:03uh for ethics self assessment

34:07and ideally discuss with the consult

34:11early uh the project design

34:15and not left until last minute

34:20a bit more faster because

34:23don't have much time. So some takeaways

34:28um is uh the key message is to consider

34:32ethics early from the very beginning of

34:36uh your project ideation

34:39and not just right before submission.

34:42Ethics should be embedded uh in your

34:44research design from the start. Always

34:47refer to relevant national and

34:49international laws and standard as what

34:52is permissible in one country may not be

34:54in another country. And make sure you're

34:57aware of these differences when during

34:59your activities.

35:05So you can find more information about

35:08all this uh in the grant agreement in

35:12horizon program guide and uh so forth.

35:16You will receive these uh slides and add

35:21the links. So there's also a guidance on

35:24the views.

35:30So I now turn to how to minimize uh the

35:35ethics complexity of the project. Um

35:41there is a need for cross project

35:44compliance strategies and good

35:46practices.

35:48Uh so in general documentation and

35:51compliance clear documentation is the

35:54backbone of ethical compliance. So every

35:57project must maintain a privacy policy

36:00and data protection impact assessment uh

36:03to show accountability and transparency.

36:07uh also uh before any data or Pakistan

36:10involved in ethics review IRB or

36:13national expertise uh must be obtained

36:18and of course um uh if it's needed there

36:23must be oversight for this uh during uh

36:27the lifetime of the project and uh

36:31training of uh LC issues and GDPR issues

36:36of the researchers and people

36:41that are involved in research.

36:44Um so very briefly

36:47uh when working with um uh patients,

36:51children or anyone in vulnerable

36:53positions, you need to you need to uh

36:57keep consent clear, layered and boring.

37:01uh make withdrawal uh simple and

37:04transparent and always plan how to

37:06handle incidential findings. One of the

37:09most uh uh often finding of the ethics

37:13review is that they don't have a clear

37:17uh policy about institutional findings

37:20uh for minors or cognitive impair uh

37:23participants

37:25uh involve guardians and uh use um age

37:32appropriate material. Of course uh if

37:35procedures are invasive uh you need to

37:37justify the need and strengthen safety

37:41monitoring.

37:45So uh when human samples and bio banks

37:49are involved you need to double check

37:52that existing consent really allows for

37:55new uses of international or

37:58international sharing. If not uh you

38:02need to consent or request an ethics

38:05waiver. Uh so maintain a sample uh

38:10provenence record showing consent scope

38:13and approvals and for uh important human

38:17tissue make sure all EU permits are in

38:20order.

38:23Um so also treat data like living

38:28organisms. So you need to protect it,

38:31track it and and know where it travels.

38:34Uh you need to run a data protection

38:37path assessment when you're dealing with

38:39uh especially with sensitive data or

38:41special data hardware called under the

38:44GDPR.

38:46uh if you can you should apply

38:48minimumization techniques and crypton by

38:51default and uh audit who has access uh

38:56if partners are outside you need to use

39:00uh GDP safeguards and sign

39:04the standard contractual process

39:07and so forth. So regarding

39:11artificial intelligence, uh you need to

39:14keep it explainable. Uh decisions must

39:17always have a human in the loop. Uh test

39:21for bias, update models regularly and

39:25document their purpose uh inputs and

39:28leads in a clear uh fact sheet.

39:33So of course for animals

39:36um the use of animals

39:40uh should be done only when no

39:42alternative uh uh research type exist.

39:47Uh design studies use ars in mind reduce

39:52time and publish all results even

39:56neutral ones provide a recognition.

39:59uh and document every lab based uh

40:03safety protocol

40:05uh and the GOP uh compliance step. This

40:09shows reviews that the project considers

40:12human and environmental safety as

40:14important efforts.

40:17So as we said for new collaboration

40:22uh you need to track all cross water

40:25flows of samples of data. If you

40:29collaborate outside the EU

40:31um apply for the safeguards and update

40:34consent language needs to be included in

40:38the consent that transfer uh to non

40:42countries will happen.

40:45uh of course for governance and

40:47oversight

40:48uh set on independent ethics board early

40:52if it's needed uh include the uh uh

40:56legal GDPR AI and patient experts uh

41:00they need to meet regularly and actions

41:04and keep ethics visible

41:06uh through a dedicated work package with

41:10clear deliverables

41:12um and forg or high work uh you need to

41:18add a data set keyboard and use this

41:22part.

41:27So uh regarding user insecurity, we need

41:31to think ahead about your uh use risks

41:35uh and profiling tools, AI news uses,

41:38sensitive data and so forth. Uh and

41:41create a short meditation plan uh as to

41:45who controls access uh how publications

41:48are reviewed and how issues are

41:51escalated.

41:54So finally um you need to involve

41:58patients and public integrate gender

42:01analysis where relevant and community

42:04open science within GDPR limits uh and

42:08RI isn't for it's how we make research

42:14meaningful.

42:20So in some instances you might need to

42:23um have um

42:28uh access committees for example in bio

42:31grants. Uh it was uh uh compulsory to

42:35create an access committee where

42:38uh when researchers ask for uh samples

42:43or data, you have to do the proposal and

42:46ask for certain um um certain documents.

42:52For example, um Rex or BIC

43:03And

43:05what else

43:07we going to

43:10have much time? You always sign MTS and

43:14between EU countries

43:17when uh data are transferred.

43:23So now we don't really have much time to

43:25talk about the GDPR in consent. I'm

43:28going to go very

43:30uh very quickly as we all know that GDPR

43:34is the main legal instrument that

43:36regulates uh research about when it

43:41involves data either processing storage

43:44or sharing uh personal data. It applies

43:48to all you uh residents worldwide.

43:52uh there are certain uh key principles

43:54affecting research that are establishing

43:57these little instrument data

43:59minimization content transparency and

44:03confidentiality.

44:04Uh it also states all the types of data

44:08and uh depending on what data you use uh

44:14specific measures need to uh be followed

44:18um especially if you use uh sensitive

44:21data or special data as they're um

44:24stated in the

44:26uh in the regulation.

44:29Uh some examples of what special

44:31categories of data are racial oriented

44:34origin, sexual orientation, of course,

44:36health data, genetic data and so forth.

44:40Uh it also includes the data subject

44:42rights that you have to include in the

44:45informed consent forms. The more the

44:47more the most important uh right of the

44:50data subject is of course the right to

44:52withdraw

44:56and

44:59Yeah.

45:01Uh so the most important thing is that

45:05consent forms should uh specify

45:09uh when and how can someone withdraw

45:13from research

45:15and it should be as easy as it was to uh

45:20uh be part of the research.

45:24So there are different types of consent

45:28and each research has to take in

45:30consideration the specifics of the

45:34project and uh which consent is

45:38considered for the project. Uh I'm not

45:41going to go to uh all these uh types but

45:46you can have a look at them later.

45:50So uh I'm going to

45:54very very quickly say that

45:57um a valid consent consists of these uh

46:02five uh facts which is that you have to

46:05make sure that uh the participant has

46:08capacity. So by default we say that

46:11participant has capacity but if it comes

46:14to the attention of the researcher uh

46:17that the participant is not

46:19understanding

46:20uh the purpose of the research or why uh

46:23is participating uh it has to go through

46:27specific steps to make sure that it has

46:31capacity.

46:32Uh, of course there must be

46:34voluntariness.

46:36Uh, and this sometimes uh it is very

46:39difficult to uh understand where it was

46:43voluntary when uh relationships between

46:47participants and uh doctors exist as Dr.

46:53also the researcher.

46:55Um, of course there needs to be a

46:59provision of sufficient information

47:02and uh this also depends on the research

47:05project and sufficient information means

47:08that the participant will be able to uh

47:12make a clear decision whether wants to

47:15participate in the uh project and of

47:18course uh all information should be

47:21delivered in lay language not for the

47:24participant to understand comprehend and

47:26this should be documented to a consent

47:28form and sign. So you always give

47:32sufficient time to the participant to um

47:36reflect and understand the project

47:40before signing the consent form and also

47:43uh very importantly you have to give

47:45time for questions.

47:48So I'm going to skip all this

47:52and

47:54I don't know how much time do we have

47:56from this scenario.

48:02>> So uh summary of the key points um

48:07uh

48:09so ethical and legal frameworks are

48:11dynamic consent should be understood as

48:15a process.

48:16uh the most suitable model of consent

48:19should be adopted uh and uh must be as

48:23easy to withdraw consent as it is to uh

48:26consent and data protection is critical

48:30to ensuring trust and acceptability.

48:33Uh so governance and oversight ensure

48:36accountability. So I have some scenario

48:40that we can have a look at it was

48:43requested.

48:45Um so the first one it's about

48:52uh a consortium

48:54that validates a CFS blood free

48:59biomarket panel to a black early

49:07vascular amino in a box of 55 year

49:13reduces historical bio bank samples

49:16uh that are used

49:20um and uh unexplainable

49:24AI model uh combines proteomics and MRI

49:29and one of the data analysis partners

49:31outside the EU.

49:34So what what questions what ethical

49:38questions might be raised from this? Uh

49:42the first one of course is does the

49:44original consent cover the secondary

49:46use?

49:48Uh does it cover international sharing

49:52and and does it cover uh a potential

49:55contact of the participant? So this is

49:59uh something that would be evaluated

50:01based on uh the consent forms.

50:05Um

50:07and uh of course how do we inspect the

50:11right not know while managing uh

50:14clinically relevant essential findings.

50:17Uh what uh triggers at DPIA and what are

50:23are your musts in it? Uh is data

50:27transfer on your partner lawful local

50:32and appropriately safeguarded?

50:34um what human in the loop business is

50:37necessary

50:39risk reports.

50:41So

50:43uh in these cases

50:47uh you should use uh layered plain

50:50language consent

50:53add ongoing consent checkpoints and

50:55offer opt out for individuals

50:58uh adopt a written incidential finding

51:01policy. This is very important if you

51:04are planning to um

51:07to give results.

51:10Uh complete the DPI BPIA

51:15um data impact assessment um before

51:20large scale processing. Um

51:24and uh for non transfers uh you need to

51:28implement GDPR act 46 safeguards which

51:32is to sign the standard contractual

51:35clauses. Sometime contractual causes is

51:38a contract an agreement which is the

51:41same as uh the MTA is resigned between

51:44the EU countries but um the clauses

51:49there are standard so that the member

51:52that is outside the EU guarantees that

51:55you follow uh all the rules under the

51:58GDPR.

52:03Um

52:06so move to next one. There are more that

52:08you could do here.

52:12So this is uh a nonrandomized

52:16case to trial in children with the labs.

52:20Um

52:21and all test genomics guide regime. Um

52:26there's a smart there is a smart uh

52:29phone app that collects uh pros and

52:32activity data between visits uh and

52:36samples between us sites um and results

52:40inform those adjustments.

52:43And here we need to ask how do we

52:47structure as consent so minors

52:50understand

52:52and and guidelines through the uh

52:56consent.

52:58So uh depending on the age uh there are

53:02ethics guidelines how to create an

53:05ascent process and it's different for

53:08very small children and

53:12under 12 and it's different for 12 year

53:15olds and it's different for seven 16 17

53:19year olds and it must happen in par with

53:23the consent that is given by the

53:26guidelines.

53:28Um

53:30so uh what uh the other thing is because

53:34they are minus uh what the question is

53:37what safety oversight is proportionate

53:41uh in this instance

53:44um

53:45and uh does the create systematic

53:48monitoring prop

53:51under the GDPR? How do we handle

53:53withdrawal especially if data already

53:56uploaded or analyzed

53:59uh which equity checks ensures models

54:03don't disadvantage subgroups? So we said

54:06the first thing is that we need a double

54:08consent model

54:10uh which is age of copy consent plus the

54:14graphing consent. Um

54:18and uh also for the app they should

54:24before deployment

54:27uh and

54:29local and crypton and clear notices and

54:33so forth. And of course define uh the

54:37withdrawal practice.

54:39What happens to sedonimize or uh

54:42irreversibly anonymized data if they

54:46have already been used in research and

54:50of course plant bias check uh sex age

54:55um and restrict AI to decision support

55:00with clinician overides.

55:08This is another scenario.

55:16The next one um

55:19so this is the transational consortium

55:22studies liver disease disease. I'm

55:25finding a humans IPSC derived liver to

55:31immunication mice. The goal is to

55:33understand hydrosis and test and type

55:38compounds before human trials. No human

55:40participants are recruited but human

55:43derived cells are used. Uh so questions

55:47arise about ethical status of human

55:49animals

55:51proportionality of animal suffering and

55:54governance of human cells uh provenence

55:57and consent for secondary use. So what

56:01are the ethical means of creating human

56:03animals

56:05uh for biomeical purposes? It's a

56:08question. Do the original donor's

56:10consent for this age line adequately

56:15cover animal implantation and commercial

56:18research. So this must be clearly stated

56:22in the consent form. How can uh we

56:25ensure compliance with the PRs uh about

56:28the protection of animals uh and be

56:31transparent um uh about the welfare of

56:34animals and monitor? Uh should

56:38experiments be uh pre-register and who

56:41provides ethical oversight when human

56:44cells are involved?

56:46Uh so the first thing is to confirm that

56:49IPSC lines come from owners with valid

56:52consent allowing secondary use including

56:54standard plant plantation, genetic

56:57modification and commercial development.

57:01um seek approval from both animal ethics

57:05committees and institutional review

57:07boards.

57:08Uh given the human animal interface uh

57:12comply with the PIs regarding uh the

57:16animals safety

57:19um and use in organizers before in in

57:25before in vivo.

57:27Uh so you might need to pre-register the

57:30studies for transparency reasons

57:34and um of course document

57:38um the origin and concerns

57:44and so

57:52I have

57:55Um

57:59so this is actually a low risk ethics

58:04research. Um a university uses existing

58:08anonymized plasma samples and associate

58:11clinical data from uh certified national

58:14environment to validate protein

58:17biomarker for cardiovascular disease. Uh

58:20all samples were originally collected

58:22under approval studies uh consented for

58:26secondary use and then now university

58:28anonymized uh before transfer. No new

58:31data collections, no uh invention, no

58:35crossber transfer. Is this considered a

58:38low ethics service research? Um what uh

58:43minimal documentation should still be

58:46provided to uh the fun or

58:50What can data be exacted as clear to the

58:52anonymized?

58:54Uh do the researchers still need ethics

58:57committee notification or just the way

59:01there? Uh so the first thing is to

59:04consider whether they are truly

59:05anonymous. If there is no key or code um

59:10that can

59:12u identify

59:15the participants blend to the anonymous

59:19um

59:21and of course there's need again risk to

59:25keep uh

59:28documentation also keep the varants

59:31appro

59:32uh some for access and data use license.

59:38Um

59:39so this is much more simple than

59:43um other

59:46cases.

59:48Uh so

59:50another scenario about engineering and

59:53AI artistic drone inspection for bridge

59:56safety. Uh this is a project where the

1:00:00engineering consulting builds upon

1:00:02drones to inspect aging bridges using

1:00:06high resolution cameras and AI image

1:00:10analysis detect plat. Some flights would

1:00:14be over public roads and near

1:00:16residential areas. So the questions are

1:00:19what privacy or data protection issues

1:00:21arise when drones capture signature

1:00:24images of people or vehicles? Um is

1:00:28specific airspace authorization needed?

1:00:31How can the project minimize

1:00:33surveillance concerns?

1:00:35So um familyization

1:00:38measures could be the use of uh

1:00:41geoencing and should learn to prevent

1:00:44capture of identifiable individuals.

1:00:48uh contact data protection impact

1:00:50assessment before field work and obtain

1:00:54of course aviation for the clearance and

1:00:57inform the public uh with visitors

1:01:01and on

1:01:03the project website as well.

1:01:08So how scenarios

1:01:12um

1:01:16Another

1:01:20scenario that

1:01:22was a different discipline um regarding

1:01:27this researchers record spoken stories

1:01:31in an endangered dialect among elderly

1:01:35uh speakers in rural areas. Uh so the

1:01:38data will be stored in an open access

1:01:41purpose. So the key questions are what

1:01:44considered valid from consent voice

1:01:46recording.

1:01:49uh now we have different

1:01:52um ways of collecting data from voices

1:01:56from smells and so forth and this

1:01:59creates issues as to what uh what um

1:02:03value from consent is uh for business

1:02:06and voice

1:02:08uh and how can participants retain

1:02:11control of their personal narratives. Uh

1:02:14when does open access conflict with

1:02:17privacy or c

1:02:18ownership. Uh so there needs to be used

1:02:22obtained language concern explaining the

1:02:26purpose and the access level and

1:02:29withdrawal rights of participants

1:02:33prior choice uh choices for example to

1:02:38be used only for for public uses for

1:02:41research only or anonymous um an

1:02:44anonymously by experts and of course

1:02:48apply GDP for Identify drawings data and

1:02:52sudonize made data.

1:02:56Um so uh provide participants with

1:02:59access to the final archive for

1:03:02verification or flow and ensure cultural

1:03:05sensitivity when publishing

1:03:08uh floor or publishing.

1:03:13So one more I think let's see

1:03:26any questions

1:03:30thank you very much very useful

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