Artificial Intelligence and the right to health in the European regulation: emerging aspects in the patient/physician relationships

Abstract

Artificial intelligence (AI) technologies have great application in the healthcare sector; at the same time, specific ethical and legal issues are raising, also in consideration of the technical aspects relating to the design of machine learning and deep learning algorithms and systems. In this contribution we examine the framework of European hard law and soft law regulation regarding the use of AI in the healthcare sector: from the impact on the relationship between doctor and patient to the transformation of consent acquisition processes, the management of healthcare data, the profiles of responsibility, the definition of the reskilling or upskilling objectives of the healthcare personnel, with ethical-legal implications to be taken into account for the effective promotion and protection of the right to health, based on the care relationship, and for future legislative initiatives.