The deployment of artificial intelligence tools in the health sector : privacy concerns and regulatory answers within the regulation (EU) 2016/679

Abstract

This article examines the privacy and data protection implications of the deployment of machine learning algorithms in the medical sector. Researchers and physicians are developing advanced algorithms to forecast possible developments of illnesses or disease statuses, basing their analysis on the processing of a wide range of data sets. Predictive medicine aims to maximize the effectiveness of disease treatment by taking into account individual variability in genes, environment, and lifestyle. These kinds of predictions could eventually anticipate a patient's possible health conditions years, and potentially decades, into the future and become a vital instrument in the future development of diagnostic medicine. However, the current European data protection legal framework may be incompatible with inherent features of artificial intelligence algorithms and their constant need for data and information. This article proposes possible new approaches and normative solutions to this dilemma.