South African and international legislature with relevance to the application of electronic documentation in medicolegal autopsies for practice and research purposes

Abstract

Background Forensic and legal medicine requires all documentation to be recorded in a manner that is admissible in court. Issues surrounding privacy, confidentiality, and security mar the implementation of electronic document systems in medicine. Awareness of current legislature governing record keeping and electronic documentation especially in modern medicine and forensic medicine has not been sufficiently explored. This study explored the current South African and international laws that govern admissibility of evidence, especially relating to electronic evidence, for use in court and research, Findings Egypt, UK, Canada and the USA have similar legislation to South Africa regarding admissibility of electronic records. The South African Electronic Communications and Transactions Act no. 25 of 2002 defines data and the Criminal Procedure Act 51 of 1977 further defines the admissibility of evidence in court and the National Health Act regulates publication of deceased information after death. Conclusions Forensic medicine requires all documentation to be admissible in court and the storage of data thus requires proper custodianship and a high level of security, which can be achieved with modern technology. Modern medicine is evolving and technology can create secure and efficient methods of record keeping which will benefit forensic and legal medicine. Knowledge of the laws regarding admissibility of evidence can assist in creating electronic evidence that is permitted in court and can be used for research.

Postgraduate Master of Medicine student perspectives on data access and record-keeping for research

“…[35][36][37][38][39] The current regulations in SA support the implementation of electronic record-keeping, but policies to motivate funding and stakeholder collaboration to propose or produce these electronic health initiatives in the health sector are notably lacking. [40][41][42][43][44]…”