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A health-conformant reading of the GDPR’s right not to be subject to automated decision-making
Abstract As the use of Artificial Intelligence (AI) technologies in healthcare is expanding, patients in the European Union (EU) are increasingly subjected to automated medical decision-making. This development poses challenges to the protection of patients’ rights. A specific patients’ right not to be subject to automated medical decision-making is not considered part of the traditional portfolio of… Read more
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Reinforcing Stereotypes in Health Care Through Artificial Intelligence–Generated Images: A Call for Regulation
Hannah van Kolfschooten & Astrid Pilottin In March 2024, the European Parliament formally adopted the European Union Artificial Intelligence (AI) Act (EU AI Act), establishing harmonized rules on AI systems placed on the European market. It is the first legal framework to regulate Generative AI (GenAI). Generative AI deploys machine learning techniques based on user… Read more
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A Human Rights-Based Approach to Artificial Intelligence in Healthcare: A Proposal for A Patients’ Rights Impact Assessment Tool
Europe is ageing and the health workforce crisis puts the quality and availability of healthcare at risk, especially in elderly care. Artificial Intelligence (AI) solutions may alleviate the health workforce crisis and contribute to the highest attainable standard of physical and mental health for all in an ageing Europe. At the same time, however, these… Read more
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The prospects of using AI in euthanasia and physician-assisted suicide: a legal exploration
The Netherlands was the first country to legalize euthanasia and physician-assisted suicide. This paper offers a first legal perspective on the prospects of using AI in the Dutch practice of euthanasia and physician-assisted suicide. It responds to the Regional Euthanasia Review Committees’ interest in exploring technological solutions to improve current procedures. The specific characteristics of… Read more
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The AI cycle of health inequity and digital ageism: mitigating biases through the EU regulatory framework on medical devices
The use of Artificial Intelligence (AI) medical devices is rapidly growing.Although AI may benefitthe quality and safety of healthcare for older adults,it simultaneously introduces new ethical and legal issues. Many AI medical devices exhibit age-related biases. The first part of this paper explainshow ‘digital ageism’ is produced throughout the entire lifecycle of medicalAI and may… Read more
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The Council of Europe’s AI Convention (2023-2024): Promises and Pitfalls for Health Protection
The Council of Europe, Europe’s most important human rights organization, is developing a legally binding instrument for the development, design, and application of AI systems. This “Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law” (AI Convention) aims to protect fundamental rights against the harms of AI. The AI Convention may become… Read more
Hannah van Kolfschooten 