'Nutrition Facts Labels' for Artificial Intelligence/Machine Learning-Based Medical Devices—The Urgent Need for Labeling Standards
In: 91 The George Washington Law Review 79 (2023).
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In: 91 The George Washington Law Review 79 (2023).
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In: Yale Journal of Health Policy, Law, and Ethics, Vol. 20, Issue 2, 433 (2021)
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In: Cardozo Law Review, Band 45, Heft 2
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In: 27 Stan. Tech. L. Rev. 1 (2024).
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In: 6 Intelligence-Based Medicine 100061 (2022)
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In: International Journal of Health Services, 2021
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In: npj Digit. Med. 3, 94 (2020). https://doi.org/10.1038/s41746-020-0306-7
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In: 50 HASTINGS CENT. REP. 18 (2020). https://doi.org/10.1002/hast.1125
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In: JAMA. 2020;323(7):601-602. doi:10.1001/jama.2019.21699
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In: Cohen , G , Evgeniou , T , Gerke , S & Minssen , T 2020 , ' The European Artificial Intelligence Strategy: Implications and Challenges for Digital Health ' , The Lancet Digital Health , vol. 2 , no. 7 , pp. 376-379 . https://doi.org/10.1016/S2589-7500(20)30112-6
Summary In February, 2020, the European Commission published a white paper on artificial intelligence (AI) as well as an accompanying communication and report. The paper sets out policy options to facilitate a secure and trustworthy development of AI and considers health to be one of its most important areas of application. We illustrate that the European Commission's approach, as applied to medical AI, presents some challenges that can be detrimental if not addressed. In particular, we discuss the issues of European values and European data, the update problem of AI systems, and the challenges of new trade-offs such as privacy, cybersecurity, accuracy, and intellectual property rights. We also outline what we view as the most important next steps in the Commission's iterative process. Although the European Commission has done good work in setting out a European approach for AI, we conclude that this approach will be more difficult to implement in health care. It will require careful balancing of core values, detailed consideration of nuances of health and AI technologies, and a keen eye on the political winds and global competition.
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POLICY POINTS: Millions of life‐sustaining implantable devices collect and relay massive amounts of digital health data, increasingly by using user‐downloaded smartphone applications to facilitate data relay to clinicians via manufacturer servers. Our analysis of health privacy laws indicates that most US patients may have little access to their own digital health data in the United States under the Health Insurance Portability and Accountability Act Privacy Rule, whereas the EU General Data Protection Regulation and the California Consumer Privacy Act grant greater access to device‐collected data. Our normative analysis argues for consistently granting patients access to the raw data collected by their implantable devices. CONTEXT: Millions of life‐sustaining implantable devices collect and relay massive amounts of digital health data, increasingly by using user‐downloaded smartphone applications to facilitate data relay to clinicians via manufacturer servers. Whether patients have either legal or normative claims to data collected by these devices, particularly in the raw, granular format beyond that summarized in their medical records, remains incompletely explored. METHODS: Using pacemakers and implantable cardioverter‐defibrillators (ICDs) as a clinical model, we outline the clinical ecosystem of data collection, relay, retrieval, and documentation. We consider the legal implications of US and European privacy regulations for patient access to either summary or raw device data. Lastly, we evaluate ethical arguments for or against providing patients access to data beyond the summaries presented in medical records. FINDINGS: Our analysis of applicable health privacy laws indicates that US patients may have little access to their raw data collected and held by device manufacturers in the United States under the Health Insurance Portability and Accountability Act Privacy Rule, whereas the EU General Data Protection Regulation (GDPR) grants greater access to device‐collected data when the processing of personal ...
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In: AI and ethics
ISSN: 2730-5961
In: W. Nicholson Price II, Sara Gerke, & I. Glenn Cohen, Liability for Use of Artificial Intelligence in Medicine, Research Handbook on Health, AI and the Law, Barry Solaiman & I. Glenn Cohen, eds. Edward Elgar Publishing Ltd. (2023 Forthcoming)
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In: Nat Mach Intell 3, 283–287 (2021). https://doi.org/10.1038/s42256-021-00331-0
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