With the advent of the Internet, wireless technologies, advanced computing, and, ultimately, the integration of mobile devices into patient care, medical device technologies have revolutionized the healthcare sector. What once was a highly personal, one-to-one relationship between physician and patient has now been expanded, including medical device manufacturers, third party healthcare system providers, even physician-as-a-service for interpreting the data complex systems churn out. The introduction of technology to the healthcare field has, at an ever-increasing rate, transformed human health management.
Reworking privacy commitments in an AI world is an important endeavor. It may mean that we reconceptualize what these rights must be against a broader data need. It will likely include investment in better approaches to reduced identifiability that protect patients while promoting data use and sharing that will not reidentify. It may also mean permitting, at least for AI, broader declarations in privacy notices that put patients on notice for the use of AI while also permitting broader use. Without an approach that balances both invention and patient protection, we cannot realize the incredible potential of AI in healthcare.
Charlotte A. Tschider, The Healthcare Privacy-Artificial Intelligence Impasse, 36 Santa CLARA HIGH TECH. L. J. 439 (2020).