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

Abstract

Societal Impact Statement: Dried plant and fungal specimens held in collections provide a unique asset to understand the natural world and inform conservation approaches. By creating freely available, digital images of these collections, these specimens can be used by more scientists from around the globe to ask research questions and apply new technologies. We consider the relevant laws, policies and agreements, which are required to ensure this process is equitable and sustainable and respects the rights of the countries and communities where material was collected. We offer reflections on these challenges, share learnings from three case studies and explore the roles of institutions and governments in addressing them.

Summary: 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, mitigating the risk of reproducing historical biases associated with these collections and ensuring that data can be accessed equitably. We explore three case studies—from the University of Trans-Disciplinary Health Sciences and Technology (TDU) in Bengaluru, India; from the Royal Botanic Gardens, Kew, UK; 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.