OOER good practice risk management

Good practice compliance table (managing risk)

Explanation

Risk of litigation from infringement of IPR/copyright or patient consent rights

Action

3

Institutional policies are clearly in place to enable resources to be compared to the toolkits.

Low. Institution follows best practice and has effective take down strategies. Institution able to legally pursue those infringing the institution’s rights.

Periodically test resources against policies to keep policies under review. Keep abreast of media stories. Limited liability insurance required.

2

Compliance tested and policies are adequate in most but not all aspects to allow the compliance of a resource to be accurately estimated. A small number of areas where policies need to be further developed for complete clarity.

Medium. Ownership of resources is likely to be clear. Good practice is followed in relation to patients. Take down and other ‘complaint’ policies are in place and being followed.

Review those areas where developed is required, possibly in relation to e.g. staff not employed by the institution e.g. emeritus or visiting or NHS. It may be that a partner organisation requires improvement to their policies. Some liability insurance may be necessary.

1

Compliance tested but too few policies available or insufficiently specified to allow the compliance of any particular resource to good practice guidelines to be accurately estimated.

Medium. It is unlikely that the ownership and therefore licensing of resources is clear. Resources theoretically owned by the institution could be being ripped off.

Collate suite of examples of best practice and review against existing institutional policies. Follow due process to amend and implement those which are relevant to the institution. Take out liability insurance.

0

Compliance with the toolkits unknown/untested.

Compliance has been tested and materials failed to pass.

High/Unknown. Risk may be minimal if resource was developed based on best practice principles. Institutional policy status (ownership, consent) is unknown.

Establish a task force to test some resources against institutional policies; then follow 1-3 below. Take out liability insurance.