Exploring the legal, policy, ethical and practical implications of digitisation of botanical and fungal collections

Sonia Dhanda, Elianne Lee, Tom Livermore , Alan James Paton, Paula Westenberger, China Williams, William Milliken, Mark Nesbitt, Noorunnisa Begum, Maui Hudson

Collections-based institutions around the world hold an extraordinary wealth of information and knowledge through the specimens and associated information that they house.. In recent years, institutions holding botanical and fungal collections have invested significant energy and resources into the digitisation of these collections to make them more accessible and better connected. Digitisation poses a wide range of legal, policy and ethical questions, relating to Open Access, Access and Benefit Sharing, data sovereignty and more. Overlapping policy and legal frameworks at global and, increasingly, national levels create a complex landscape, particularly as new technologies such as AI are applied to digitised collections. This paper reviews the roles and responsibilities of institutions, funders and governments in navigating these challenges, to reduce the risk of reproducing historical biases associated with these collections and to ensure that data can be accessed equitably. We explore three case studies - from University of Trans-Disciplinary Health Sciences and Technology (TDU) University in Bengaluru, India and from Manaaki Whenua, New Zealand, to offer insight into equitable approaches to digitising specimens and linking to Traditional Knowledge and Indigenous communities and use these to outline three options that institutions should consider to help navigate this complex landscape.