Donrich Thaldar
Biographic Data
| ID | 6960944 |
|---|---|
| NAME | Donrich Thaldar |
| GIVEN NAMES | Donrich |
| FAMILY NAME | Thaldar |
| SIGNATURE | THALDAR D |
| AFFILIATIONS | University of KwaZulu-Natal |
| ORCID | 0000-0002-7346-3490 |
| VERIFIED | Yes |
| TOTAL WORKS | 20 |
| TOTAL CITATIONS | 1 |
| WORKS AS AUTHOR | 20 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2018 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 1 |
Existentialism and My ‘Postwolf’ Dachshund
Human genetic engineering has the potential to profoundly alter the traits of future generations, raising critical ethical questions about authenticity and identity. Essentialist perspectives reject genetic engineering, claiming it inherently compromises authenticity by deviating from a species‐typical genome. In contrast, this article advocates for an existentialist interpretation of authenticity, drawing on the philosophies of Heidegger and Sar…
Public opinion survey on heritable human genome editing in South Africa
Heritable human genome editing (HHGE) presents new possibilities for the prevention of genetic diseases but also raises ethical and societal questions. While international surveys have explored public attitudes, particularly in high-income countries, there is a lack of large-scale empirical data from the Global South. In South Africa, previous work used deliberative public engagement to examine public perspectives. The present study aims to compl…
Exploring the Challenges and Legal Implications of Secondary Use of Health Data in South Africa
The sharing of health data advances knowledge, fosters innovation, and promotes evidence‐based decision‐making. This practice involves using existing data for collaborative research or for purposes other than those for which it was originally collected. In South Africa, the secondary use of health data has significant potential to inform policy decisions, advance scientific research, and address societal challenges. However, the use of health dat…
How effectively can ChatGPT-4 draft data transfer agreements for health research
The rapid advancement of generative artificial intelligence (AI), such as ChatGPT-4, is reshaping legal drafting, offering significant potential for streamlining the creation of complex legal documents. However, there is limited scholarly research on how effectively AI can draft specialised contracts, such as data transfer agreements (DTAs) for health research. Unlike common consumer contracts, DTAs are highly specialised and less prevalent in th…
WHO guidance for human genome data collection, access, use and sharing
BOX The 2024 WHO Guidance for human genome data collection, access, use and sharing introduces a ‘granularity maximisation’ principle, requiring informed consent to be as detailed as possible
The Ecological Genome Project and the Promises of Ecogenomics for Society
This paper develops a vision for The Ecological Genome Project : an aspirational, global endeavour to connect human genomic sciences with the ethos of ecological sciences. The Project's goal is to strengthen interdisciplinary networks that relate to diverse initiatives using genomic technologies, with respect to shared ethical frameworks and governance structures. To this end, this paper proposes a practical definition of ecogenomics to align var…
Legal and ethical principles governing the use of artificial intelligence in radiology services in South Africa
Artificial intelligence (AI) will drastically change the healthcare system. Radiology is one speciality that is most affected as AI algorithms are increasingly used in diagnostic imaging. AI‐enhanced health technologies will, inter alia, increase workflow efficiency, improve diagnostic accuracy, reduce healthcare‐related costs, and help alleviate medical personnel shortages in under‐resourced settings. However, the development of AI‐enhanced tech…
Benefit‐sharing with human participants in health research in South Africa
This study critically examines the concept of benefit‐sharing in the context of health research involving human participants in South Africa, identifying a significant gap in the precision and application of terminology. It introduces a new terminological framework designed to provide clarity and facilitate standardisation in both national and international discourse on benefit‐sharing. The analysis extends to the complex legal landscape in South…
Why the South African National Health Research Ethics Council is wrong about ownership of human biological material and data
The South African National Health Research Ethics Council (NHREC) states in its 2024 Ethics Guidelines that human biological material (HBM) and data cannot be privately owned under South African law. This position conflicts with established legal principles, guidelines by the Health Professions Council of South Africa (HPCSA), and South African university policies, all of which support private ownership of HBM and data. Private ownership is not o…
The wisdom of claiming ownership of human genomic data
This article considers the practical question of how research institutions should best structure their legal relationship with the human genomic data that they generate. The analysis, based on South African law, is framed by the legal position that although a research institution that generates human genomic data is not automatically the owner thereof, it is well positioned to claim ownership of newly generated data instances. Given that the rese…
Generative AI governance in higher education
Introduction The rapid rise of generative artificial intelligence (Gen-AI), particularly large language models (LLMs), is reshaping the higher education landscape. Yet, there is limited empirical documentation of how African universities are integrating Gen-AI into teaching, learning, and research. This study presents a case study of the University of KwaZulu-Natal (UKZN), one of the first African institutions to develop and implement comprehensi…
The proposed Code of Conduct for Research in South Africa
After a 3-year development process and several drafts, the Academy of Science of South Africa (ASSAf) has submitted its proposed Code of Conduct for Research (proposed CCR) to the South African Information Regulator for its consideration and approval. When approved, the proposed CCR will be an important legal instrument that will complement the Protection of Personal Information Act 4 of 2013 (POPIA) in governing research activity in the country—…
Frozen and forgotten
As is the case around the globe, South African fertility clinics face an ever‐expanding problem: what to do with the growing number of surplus cryopreserved embryos. Fertility clinics remain hesitant to destroy these abandoned embryos, partly because of concerns about the legal ramifications. This article clarifies the legal position in South Africa and offers practical recommendations to assist fertility clinics in managing abandoned embryos. In…
Children as participants in health research in South Africa
A complex network of ethico‐legal rules makes it difficult for health researchers in South Africa to lawfully recruit adolescents to the kinds of sensitive studies where it may be ethically appropriate to proceed without notifying parents or obtaining parental consent. This article responds to a recent proposal to amend the blanket requirement for mandatory parental consent presently contained in section 71 the South African National Health Act 6…
Performing IVF for surrogacy before confirmation of the surrogacy agreement by the court
The regulation of surrogacy in South Africa centres on a scheme of judicial confirmation of surrogacy agreements before the start of the surrogate pregnancy. If such confirmation is granted by the court, actions taken in the execution of the surrogacy agreement are lawful, and the agreement itself is enforceable. Against this background, the question has arisen: is it lawful to perform in vitro fertilisation (IVF) before confirmation of the surro…
An imbalanced approach to governance? An analysis of the WHO's position on human genome editing
In 2021, the WHO Expert Advisory Committee on Developing Global Standards for Governance and Oversight of Human Genome Editing (the ‘Committee’) published its policy recommendations. It proposes, inter alia, a set of nine values and principles to inform the governance of human genome editing (HGE) and makes recommendations regarding how HGE can be regulated. While these proposals contain valuable contributions to the discourse on the global gover…
Future of global regulation of human genome editing
WHO in 2019 established the Advisory Committee on Developing Global Standards for Governance and Oversight of Human Genome Editing, which has recently published a Draft Governance Framework on Human Genome Editing. Although the Draft Framework is a good point of departure, there are four areas of concern: first, it does not sufficiently address issues related to establishing safety and efficacy. Second, issues that are a source of tension between…
One material transfer agreement to rule them all? A call for revising South Africa’s new standard material transfer agreement
In 2018, the South African Minister of Health gazetted a material transfer agreement (SA MTA) that must be used as a framework whenever a researcher based in South Africa is involved in the transfer of human biological material. The SA MTA therefore impacts not only on the South African research community, but also its international research partners. The SA MTA has been portrayed in a positive light by Labuschaigne et al. in a recent article. By…
Navigating uncharted waters
Biobanks (organised collections of human biological material and associated information stored for research purposes) are becoming invaluable to human health research. However, concerns have been voiced in the literature that POPIA – the new legislation that aims to protect personal information – may stymie the functioning of South African biobanks. The main reason for the concern is the dichotomy between specific consent (consent to use biologic…
Post-truth jurisprudence
AB v Minister of Social Development centred on the application of the best interests of the child principle to surrogate motherhood and the use of donor gametes. Given the sensitive and emotional nature of the subject, AB was a litmus test for South Africa’s courts’ commitment to the rule of law. This article examines the evidence submitted by both sides in AB and shows that the content of the best interests of the child was clear and unambiguous…
Navigating uncharted waters
Biobanks (organised collections of human biological material and associated information stored for research purposes) are becoming invaluable to human health research. However, concerns have been voiced in the literature that POPIA – the new legislation that aims to protect personal information – may stymie the functioning of South African biobanks. The main reason for the concern is the dichotomy between specific consent (consent to use biologic…
Post-truth jurisprudence
AB v Minister of Social Development centred on the application of the best interests of the child principle to surrogate motherhood and the use of donor gametes. Given the sensitive and emotional nature of the subject, AB was a litmus test for South Africa’s courts’ commitment to the rule of law. This article examines the evidence submitted by both sides in AB and shows that the content of the best interests of the child was clear and unambiguous…
Navigating uncharted waters
Biobanks (organised collections of human biological material and associated information stored for research purposes) are becoming invaluable to human health research. However, concerns have been voiced in the literature that POPIA – the new legislation that aims to protect personal information – may stymie the functioning of South African biobanks. The main reason for the concern is the dichotomy between specific consent (consent to use biologic…
One material transfer agreement to rule them all? A call for revising South Africa’s new standard material transfer agreement
In 2018, the South African Minister of Health gazetted a material transfer agreement (SA MTA) that must be used as a framework whenever a researcher based in South Africa is involved in the transfer of human biological material. The SA MTA therefore impacts not only on the South African research community, but also its international research partners. The SA MTA has been portrayed in a positive light by Labuschaigne et al. in a recent article. By…
Future of global regulation of human genome editing
WHO in 2019 established the Advisory Committee on Developing Global Standards for Governance and Oversight of Human Genome Editing, which has recently published a Draft Governance Framework on Human Genome Editing. Although the Draft Framework is a good point of departure, there are four areas of concern: first, it does not sufficiently address issues related to establishing safety and efficacy. Second, issues that are a source of tension between…
Performing IVF for surrogacy before confirmation of the surrogacy agreement by the court
The regulation of surrogacy in South Africa centres on a scheme of judicial confirmation of surrogacy agreements before the start of the surrogate pregnancy. If such confirmation is granted by the court, actions taken in the execution of the surrogacy agreement are lawful, and the agreement itself is enforceable. Against this background, the question has arisen: is it lawful to perform in vitro fertilisation (IVF) before confirmation of the surro…
An imbalanced approach to governance? An analysis of the WHO's position on human genome editing
In 2021, the WHO Expert Advisory Committee on Developing Global Standards for Governance and Oversight of Human Genome Editing (the ‘Committee’) published its policy recommendations. It proposes, inter alia, a set of nine values and principles to inform the governance of human genome editing (HGE) and makes recommendations regarding how HGE can be regulated. While these proposals contain valuable contributions to the discourse on the global gover…
The proposed Code of Conduct for Research in South Africa
After a 3-year development process and several drafts, the Academy of Science of South Africa (ASSAf) has submitted its proposed Code of Conduct for Research (proposed CCR) to the South African Information Regulator for its consideration and approval. When approved, the proposed CCR will be an important legal instrument that will complement the Protection of Personal Information Act 4 of 2013 (POPIA) in governing research activity in the country—…
Frozen and forgotten
As is the case around the globe, South African fertility clinics face an ever‐expanding problem: what to do with the growing number of surplus cryopreserved embryos. Fertility clinics remain hesitant to destroy these abandoned embryos, partly because of concerns about the legal ramifications. This article clarifies the legal position in South Africa and offers practical recommendations to assist fertility clinics in managing abandoned embryos. In…
Children as participants in health research in South Africa
A complex network of ethico‐legal rules makes it difficult for health researchers in South Africa to lawfully recruit adolescents to the kinds of sensitive studies where it may be ethically appropriate to proceed without notifying parents or obtaining parental consent. This article responds to a recent proposal to amend the blanket requirement for mandatory parental consent presently contained in section 71 the South African National Health Act 6…
How effectively can ChatGPT-4 draft data transfer agreements for health research
The rapid advancement of generative artificial intelligence (AI), such as ChatGPT-4, is reshaping legal drafting, offering significant potential for streamlining the creation of complex legal documents. However, there is limited scholarly research on how effectively AI can draft specialised contracts, such as data transfer agreements (DTAs) for health research. Unlike common consumer contracts, DTAs are highly specialised and less prevalent in th…
WHO guidance for human genome data collection, access, use and sharing
BOX The 2024 WHO Guidance for human genome data collection, access, use and sharing introduces a ‘granularity maximisation’ principle, requiring informed consent to be as detailed as possible
The Ecological Genome Project and the Promises of Ecogenomics for Society
This paper develops a vision for The Ecological Genome Project : an aspirational, global endeavour to connect human genomic sciences with the ethos of ecological sciences. The Project's goal is to strengthen interdisciplinary networks that relate to diverse initiatives using genomic technologies, with respect to shared ethical frameworks and governance structures. To this end, this paper proposes a practical definition of ecogenomics to align var…
Legal and ethical principles governing the use of artificial intelligence in radiology services in South Africa
Artificial intelligence (AI) will drastically change the healthcare system. Radiology is one speciality that is most affected as AI algorithms are increasingly used in diagnostic imaging. AI‐enhanced health technologies will, inter alia, increase workflow efficiency, improve diagnostic accuracy, reduce healthcare‐related costs, and help alleviate medical personnel shortages in under‐resourced settings. However, the development of AI‐enhanced tech…
Benefit‐sharing with human participants in health research in South Africa
This study critically examines the concept of benefit‐sharing in the context of health research involving human participants in South Africa, identifying a significant gap in the precision and application of terminology. It introduces a new terminological framework designed to provide clarity and facilitate standardisation in both national and international discourse on benefit‐sharing. The analysis extends to the complex legal landscape in South…
Why the South African National Health Research Ethics Council is wrong about ownership of human biological material and data
The South African National Health Research Ethics Council (NHREC) states in its 2024 Ethics Guidelines that human biological material (HBM) and data cannot be privately owned under South African law. This position conflicts with established legal principles, guidelines by the Health Professions Council of South Africa (HPCSA), and South African university policies, all of which support private ownership of HBM and data. Private ownership is not o…
The wisdom of claiming ownership of human genomic data
This article considers the practical question of how research institutions should best structure their legal relationship with the human genomic data that they generate. The analysis, based on South African law, is framed by the legal position that although a research institution that generates human genomic data is not automatically the owner thereof, it is well positioned to claim ownership of newly generated data instances. Given that the rese…
Generative AI governance in higher education
Introduction The rapid rise of generative artificial intelligence (Gen-AI), particularly large language models (LLMs), is reshaping the higher education landscape. Yet, there is limited empirical documentation of how African universities are integrating Gen-AI into teaching, learning, and research. This study presents a case study of the University of KwaZulu-Natal (UKZN), one of the first African institutions to develop and implement comprehensi…
Existentialism and My ‘Postwolf’ Dachshund
Human genetic engineering has the potential to profoundly alter the traits of future generations, raising critical ethical questions about authenticity and identity. Essentialist perspectives reject genetic engineering, claiming it inherently compromises authenticity by deviating from a species‐typical genome. In contrast, this article advocates for an existentialist interpretation of authenticity, drawing on the philosophies of Heidegger and Sar…
Public opinion survey on heritable human genome editing in South Africa
Heritable human genome editing (HHGE) presents new possibilities for the prevention of genetic diseases but also raises ethical and societal questions. While international surveys have explored public attitudes, particularly in high-income countries, there is a lack of large-scale empirical data from the Global South. In South Africa, previous work used deliberative public engagement to examine public perspectives. The present study aims to compl…
Exploring the Challenges and Legal Implications of Secondary Use of Health Data in South Africa
The sharing of health data advances knowledge, fosters innovation, and promotes evidence‐based decision‐making. This practice involves using existing data for collaborative research or for purposes other than those for which it was originally collected. In South Africa, the secondary use of health data has significant potential to inform policy decisions, advance scientific research, and address societal challenges. However, the use of health dat…
Law (15 works) · Political science (15 works) · Ethics in Clinical Research (11 works) · Biomedical Ethics and Regulation (9 works) · Business (8 works) · Sociology (7 works) · Biology (6 works) · Engineering (6 works) · Engineering ethics (6 works) · Medicine (6 works)