Artificial Intelligence and Self-determination in Medical Field
The use of artificial intelligence in medicine raises many legal issues. This essay examines how medical AI intersects with the right to informed consent and the principle of self-determination. The author highlights that the complexity and opacity of machine learning could dissuade the patient from...
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| Format: | Article |
| Language: | English |
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Suor Orsola Benincasa Università Editrice
2022-01-01
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| Series: | European Journal of Privacy Law & Technologies |
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| Online Access: | https://universitypress.unisob.na.it/ojs/index.php/ejplt/article/view/1560 |
| _version_ | 1811170650736295936 |
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| author | Carlotta De Menech |
| author_facet | Carlotta De Menech |
| author_sort | Carlotta De Menech |
| collection | DOAJ |
| description | The use of artificial intelligence in medicine raises many legal issues. This essay examines how medical AI intersects with the right to informed consent and the principle of self-determination. The author highlights that the complexity and opacity of machine learning could dissuade the patient from consenting AI treatment and, therefore, induce him to give up the benefits that this technology usually brings to his health. Consequently, the author suggests adjusting the content of the information due to the patient, taking into account the limited knowledge that ordinary people have about artificial intelligence, and, more generally, redefining the boundaries of the principle of informed consent. |
| first_indexed | 2024-04-10T17:00:13Z |
| format | Article |
| id | doaj.art-f1ea6e2468fb410b8d343866de683ee0 |
| institution | Directory Open Access Journal |
| issn | 2704-8012 |
| language | English |
| last_indexed | 2024-04-10T17:00:13Z |
| publishDate | 2022-01-01 |
| publisher | Suor Orsola Benincasa Università Editrice |
| record_format | Article |
| series | European Journal of Privacy Law & Technologies |
| spelling | doaj.art-f1ea6e2468fb410b8d343866de683ee02023-02-06T16:34:19ZengSuor Orsola Benincasa Università EditriceEuropean Journal of Privacy Law & Technologies2704-80122022-01-01116418010.57230/EJPLT221CDMArtificial Intelligence and Self-determination in Medical FieldCarlotta De Menech0https://orcid.org/0000-0002-3685-0547Senior Researcher in Private Law, Pavia UniversityThe use of artificial intelligence in medicine raises many legal issues. This essay examines how medical AI intersects with the right to informed consent and the principle of self-determination. The author highlights that the complexity and opacity of machine learning could dissuade the patient from consenting AI treatment and, therefore, induce him to give up the benefits that this technology usually brings to his health. Consequently, the author suggests adjusting the content of the information due to the patient, taking into account the limited knowledge that ordinary people have about artificial intelligence, and, more generally, redefining the boundaries of the principle of informed consent.https://universitypress.unisob.na.it/ojs/index.php/ejplt/article/view/1560artificial intelligencemachine learningself-determinationinformed consentdata protection |
| spellingShingle | Carlotta De Menech Artificial Intelligence and Self-determination in Medical Field European Journal of Privacy Law & Technologies artificial intelligence machine learning self-determination informed consent data protection |
| title | Artificial Intelligence and Self-determination in Medical Field |
| title_full | Artificial Intelligence and Self-determination in Medical Field |
| title_fullStr | Artificial Intelligence and Self-determination in Medical Field |
| title_full_unstemmed | Artificial Intelligence and Self-determination in Medical Field |
| title_short | Artificial Intelligence and Self-determination in Medical Field |
| title_sort | artificial intelligence and self determination in medical field |
| topic | artificial intelligence machine learning self-determination informed consent data protection |
| url | https://universitypress.unisob.na.it/ojs/index.php/ejplt/article/view/1560 |
| work_keys_str_mv | AT carlottademenech artificialintelligenceandselfdeterminationinmedicalfield |