Big Data, AI, and Health Data: between National, European, and International Legal Frameworks

Author(s)

Nikolaus Forgó, Emily Johnson, Iana Kazeeva, Elisabeth Steindl

Abstract

The purpose of this chapter is to examine how health data is treated from a data protection point of view and whether this treatment has an impact on the development of big data and AI-driven medical treatment and research, as well as on patients’ rights. Part I of this chapter discusses the data protection and security issues with regard to health-related data in the context of the GDPR. Special emphasis is put on the challenges created by the use of big data and AI in the area of healthcare and the Commission’s most recent attempt to introduce regulatory sandboxes in the draft Artificial Intelligence Act, proposed in April 2021. Part II focuses on the analysis of the plans of the UK government with regard to the processing of health-related data in the context of Brexit and provides an overview of the work of private research organisations, such as DeepMind. Part III of the chapter describes the approach taken by the Russian Government to data protection and the use of health-related data for the purposes of AI experimental regimes, focusing on the example of the AI regulatory “sandbox” introduced in Moscow in July 2020.

Organisation(s)

Department of Innovation and Digitalisation in Law, Research Platform Governance of digital practices

No. of pages

31

Publication date

06-2023

Austrian Fields of Science 2012

505002 Data protection

Keywords

Portal url

https://ucrisportal.univie.ac.at/en/publications/39f872ef-db08-40b4-b14a-c6e465aeacea