| Literature DB >> 36267404 |
Janos Meszaros1,2, Jusaku Minari3, Isabelle Huys1,2.
Abstract
Despite its promising future, the application of artificial intelligence (AI) and automated decision-making in healthcare services and medical research faces several legal and ethical hurdles. The European Union (EU) is tackling these issues with the existing legal framework and drafting new regulations, such as the proposed AI Act. The EU General Data Protection Regulation (GDPR) partly regulates AI systems, with rules on processing personal data and protecting data subjects against solely automated decision-making. In healthcare services, (automated) decisions are made more frequently and rapidly. However, medical research focuses on innovation and efficacy, with less direct decisions on individuals. Therefore, the GDPR's restrictions on solely automated decision-making apply mainly to healthcare services, and the rights of patients and research participants may significantly differ. The proposed AI Act introduced a risk-based approach to AI systems based on the principles of ethical AI. We analysed the complex connection between the GDPR and AI Act, highlighting the main issues and finding ways to harmonise the principles of data protection and ethical AI. The proposed AI Act may complement the GDPR in healthcare services and medical research. Although several years may pass before the AI Act comes into force, many of its goals will be realised before that.Entities:
Keywords: AI Act; European Union; GDPR–General Data Protection Regulation; artificial intelligence; automated decision-making; data protection; healthcare; medical research
Year: 2022 PMID: 36267404 PMCID: PMC9576843 DOI: 10.3389/fgene.2022.927721
Source DB: PubMed Journal: Front Genet ISSN: 1664-8021 Impact factor: 4.772
Examples of profiling and (solely) automated decision-making in healthcare services related to COVID-19.
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| The patient’s COVID-19 diagnosis is combined with her electronic health records (EHR). The AI system creates her health profile to predict the future severity of her disease (e.g., patients with diabetes have an increased chance of severe COVID-19 symptoms) |
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| An AI system decides alone, |
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| There is a |
The impact of profiling, automated decision-making and scientific research on the data subjects’ rights in the General Data Protection Regulation (Meszaros, 2022).
| Profiling | Decision-making with profiling | Solely automated decision-making with profiling | Scientific research (no automated decision-making) | |
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| Right to be informed | Right to information in the case of | ||