PROTECTING PATIENTS’ RIGHTS WHEN USING ARTIFICIAL INTELLIGENCE

The author analyzes modern problems arising in the process of ensuring and protecting the rights and legitimate interests of patients in the process of using artificial intelligence in the medical field. It is summarized that the development of a system for protecting patients’ rights when using artificial intelligence in the healthcare system is absolutely impossible without creating a system of general regulation of relations on the use of artificial intelligence. It is also very significant that the state has adopted special regulation in the field of artificial intelligence in the medical field. In this regard, it is proposed to develop and adopt a basic federal law on artificial intelligence, which would define the possibilities of special regulation, establish appropriate restrictions and permits. The article suggests that in order to protect the confidentiality of patient data used by artificial intelligence, it is necessary to provide for the mandatory depersonalization of such data, fixing the relevant requirements in legislation. The necessity of mandatory control over the use of depersonalized medical data by artificial intelligence with the involvement of a person is substantiated. It is also proposed to create a registry of artificial intelligence technologies in the field of healthcare and organizations that create such technologies. The author proposes to legislate the right to mandatory inform the patient about the use of his medical data, including certain information of limited access, in the process of using artificial intelligence. It is justified that the patient should be notified of such a fact, as well as of the possible risks of using artificial intelligence in providing medical services to him, as well as when using his data for other medical purposes, if their use without the consent of the patient is not provided for by federal law. The article also proposes to consolidate the right to refuse medical services, providing for the use of artificial intelligence.

legitimate interests, healthcare, artificial intelligence, patient, patient rights, human rights, legal regulation, regulation of artificial intelligence, development of artificial intelligence, human freedoms, digital technologies

Rychkova K. O. Protecting patients’ rights when using artificial intelligence. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;3(68):239—243. DOI: 10.25683/VOLBI.2024.68.1061.