Abstract
BackgroundForensic 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,FindingsEgypt, 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.ConclusionsForensic 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.
Highlights
Forensic and legal medicine requires all documentation to be recorded in a manner that is admissible in court
The accumulation of information from death investigation is invaluable for epidemiology, national reporting and statistics and may provide insight and evidence which are fundamental for policy and intervention implementation (Tonder 2013; Burton and Underwood 2007; Kalougivaki 2014; Guze 2015; Rao et al 2005; Noguchi et al 2007)
What laws currently govern autopsies? Statutes and regulations relating to death investigation differ depending on the geographical regions of the world
Summary
Forensic and legal medicine requires all documentation to be recorded in a manner that is admissible in court. 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 reforms of current data practices in forensic medicine and pathology can provide a valuable platform to address current issues that are related to reporting (Ambinder 2005; Khubone et al 2020; Guze 2015; Prahladh and van Wyk 2020; Medicine Io 1997; Katurura and Cilliers 2018; MALAYSIA NAO 2011; Nortjie 2017; Kohn 2012; International Standard on Records Management n.d.; Takombe n.d.; Lucas et al 2019)
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