CANCELLED: Who's Afraid of Dynamic Consent?

(This is a hybrid event—to receive the link to the Microsoft Teams meeting, please register at the link provided at least one week before its scheduled date.)

José Miola is a Professor at the University of Leicester School of Law. His research interest is in medical law and ethics, and his work has been cited by the High Court of Australia, the Law Commission, and the Scottish Parliament. He has been a visiting scholar at (2007) University of Melbourne, Australia; (2007) University of Otago, New Zealand; (2012) Ethox Centre, University of Oxford; (2016) University of Adelaide, Australia and (2023) University of Queensland, Australia. He has sat on the Wellcome Trust's Society and Ethics interview panel and the GMC's task and finish group designing ethical guidance on cosmetic surgery and practice for medical professionals. He is currently currently the Co Editor-in-Chief of the Medical Law Review, Europe’s leading medical law journal.

Abstract

Dynamic consent (DC) has been proposed as a process through which participants and patients can gain more control over how their data and samples, donated for biomedical research, are used, resulting in greater trust in researchers. It is also a way to respond to evolving data protection frameworks and new legislation. This paper consists of two parts. In the first I present the findings of focus groups that we ran to assess whether to introduce a dynamic consent interface to our existing cohort study. In the second part, I will explore some misgivings about DC that I developed during that study. In particular, I will draw comparisons with what I see as similar failings in the common law relating to informed consent.