Is there a civic duty to support medical AI development by sharing electronic health records?

Abstract Medical artificial intelligence (AI) is considered to be one of the most important assets for the future of innovative individual and public health care. To develop innovative medical AI, it is necessary to repurpose data that are primarily generated in and for the health care context. Usua...

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Main Author: Sebastian Müller
Format: Article
Language:English
Published: BMC 2022-12-01
Series:BMC Medical Ethics
Subjects:
Online Access:https://doi.org/10.1186/s12910-022-00871-z
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author Sebastian Müller
author_facet Sebastian Müller
author_sort Sebastian Müller
collection DOAJ
description Abstract Medical artificial intelligence (AI) is considered to be one of the most important assets for the future of innovative individual and public health care. To develop innovative medical AI, it is necessary to repurpose data that are primarily generated in and for the health care context. Usually, health data can only be put to a secondary use if data subjects provide their informed consent (IC). This regulation, however, is believed to slow down or even prevent vital medical research, including AI development. For this reason, a number of scholars advocate a moral civic duty to share electronic health records (EHRs) that overrides IC requirements in certain contexts. In the medical AI context, the common arguments for such a duty have not been subjected to a comprehensive challenge. This article sheds light on the correlation between two normative discourses concerning informed consent for secondary health record use and the development and use of medical AI. There are three main arguments in favour of a civic duty to support certain developments in medical AI by sharing EHRs: the ‘rule to rescue argument’, the ‘low risks, high benefits argument’, and the ‘property rights argument’. This article critiques all three arguments because they either derive a civic duty from premises that do not apply to the medical AI context, or they rely on inappropriate analogies, or they ignore significant risks entailed by the EHR sharing process and the use of medical AI. Given this result, the article proposes an alternative civic responsibility approach that can attribute different responsibilities to different social groups and individuals and that can contextualise those responsibilities for the purpose of medical AI development.
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spelling doaj.art-c3951d8c52a24d1892137ce394cd4a432022-12-22T04:18:56ZengBMCBMC Medical Ethics1472-69392022-12-0123111210.1186/s12910-022-00871-zIs there a civic duty to support medical AI development by sharing electronic health records?Sebastian Müller0Center for Life Ethics/Heinrich Hertz Chair TRA4, University of BonnAbstract Medical artificial intelligence (AI) is considered to be one of the most important assets for the future of innovative individual and public health care. To develop innovative medical AI, it is necessary to repurpose data that are primarily generated in and for the health care context. Usually, health data can only be put to a secondary use if data subjects provide their informed consent (IC). This regulation, however, is believed to slow down or even prevent vital medical research, including AI development. For this reason, a number of scholars advocate a moral civic duty to share electronic health records (EHRs) that overrides IC requirements in certain contexts. In the medical AI context, the common arguments for such a duty have not been subjected to a comprehensive challenge. This article sheds light on the correlation between two normative discourses concerning informed consent for secondary health record use and the development and use of medical AI. There are three main arguments in favour of a civic duty to support certain developments in medical AI by sharing EHRs: the ‘rule to rescue argument’, the ‘low risks, high benefits argument’, and the ‘property rights argument’. This article critiques all three arguments because they either derive a civic duty from premises that do not apply to the medical AI context, or they rely on inappropriate analogies, or they ignore significant risks entailed by the EHR sharing process and the use of medical AI. Given this result, the article proposes an alternative civic responsibility approach that can attribute different responsibilities to different social groups and individuals and that can contextualise those responsibilities for the purpose of medical AI development.https://doi.org/10.1186/s12910-022-00871-zArtificial IntelligencePublic HealthInformed consentBiomedical ResearchHealth dataOwnership
spellingShingle Sebastian Müller
Is there a civic duty to support medical AI development by sharing electronic health records?
BMC Medical Ethics
Artificial Intelligence
Public Health
Informed consent
Biomedical Research
Health data
Ownership
title Is there a civic duty to support medical AI development by sharing electronic health records?
title_full Is there a civic duty to support medical AI development by sharing electronic health records?
title_fullStr Is there a civic duty to support medical AI development by sharing electronic health records?
title_full_unstemmed Is there a civic duty to support medical AI development by sharing electronic health records?
title_short Is there a civic duty to support medical AI development by sharing electronic health records?
title_sort is there a civic duty to support medical ai development by sharing electronic health records
topic Artificial Intelligence
Public Health
Informed consent
Biomedical Research
Health data
Ownership
url https://doi.org/10.1186/s12910-022-00871-z
work_keys_str_mv AT sebastianmuller isthereacivicdutytosupportmedicalaidevelopmentbysharingelectronichealthrecords