7 February 2022
In 2021, the European Commission proposed the Artificial Intelligence Act. In her recent article for Common Market Law Review, Hannah van Kolfschooten expresses concerns about this legislative proposal with regard to patients’ rights.
'The risks that AI applications can pose to patients’ rights should not be ignored'
The aim of the proposed act is to create a well-functioning internal market for Artificial Intelligence (AI) systems. However, Van Kolfschooten argues that limited attention is paid to the health-specific risks the use of AI poses to patients’ rights. She states that fundamental rights violations associated with AI are exacerbated in the context of health and may threaten the protection of patients’ rights. While the EU is facilitating and promoting the use and availability of AI in the European health sectors, it remains unclear whether it is simultaneously able to protect patients’ rights against the risks that the use of AI poses.