AI in eHealth: Human Autonomy, Data Governance and Privacy in Healthcare

494 Pages·2022·5.096 MB·English

by  Marcelo Corrales Compagnucci (editor), Michael Lowery Wilson (editor), Mark Fenwick (editor), Nikolaus Forgó (editor), Till Bärnighausen (editor)

AI IN eHEALTH
The emergence of digital platforms and the new application economy are
transforming healthcare and creating new opportunities and risks for all
stakeholders in the medical ecosystem. Many of these developments rely
heavily on data and AI algorithms to prevent, diagnose, treat, and monitor
diseases and other health conditions. A broad range of medical, ethical and
legal knowledge is now required to navigate this highly complex and fast-
changing space. This collection brings together scholars from medicine
and law, but also ethics, management, philosophy and computer science, to
examine current and future technological, policy and regulatory issues. In
particular, the book addresses the challenge of integrating data protection
and privacy concerns into the design of emerging healthcare products and
services. With a number of comparative case studies, the book offers a
high-level, global and interdisciplinary perspective on the normative and
policy dilemmas raised by the proliferation of information technologies in
a healthcare context.
marcelo corrales Compagnucci is Associate Professor of Informa-
tion Technology Law at the Centre for Advanced Studies in Biomedical Inno-
vation Law, Faculty of Law, University of Copenhagen, Denmark.
michael lowery wilson is Associate Professor of Injury Epidemiology
and Prevention at the Faculty of Medicine, University of Turku, Finland.
mark fenwick is Professor of International Business Law at the Graduate
School of Law, Kyushu University, Japan.
nikolaus forgó is Professor of IT and IP Law at the Department
of Innovation and Digitalisation in Law, Faculty of Law, University of
Vienna, Austria.
till bärnighausen is Professor in Epidemiology at the Heidelberg
Institute of Global Health, Germany.
Published online by Cambridge University Press
Cambridge Bioethics and Law
This series of books - formerly called Cambridge Law, Medicine and
Ethics - was founded by Cambridge University Press with Alexander
McCall Smith as its first editor in 2003. It focuses on the law’s complex
and troubled relationship with medicine across both the developed and
the developing world. In the past twenty years, we have seen in many
countries increasing resort to the courts by dissatisfied patients and
a growing use of the courts to attempt to resolve intractable ethical
dilemmas. At the same time, legislatures across the world have struggled
to address the questions posed by both the successes and the failures of
modern medicine, while international organisations such as the WHO
and UNESCO now regularly address issues of medical law. It follows that
we would expect ethical and policy questions to be integral to the analysis
of the legal issues discussed in this series. The series responds to the high
profile of medical law in universities, in legal and medical practice, as
well as in public and political affairs. We seek to reflect the evidence
that many major health-related policy and bioethics debates in the UK,
Europe and the international community over the past two decades
have involved a strong medical law dimension. With that in mind, we
seek to address how legal analysis might have a trans-jurisdictional and
international relevance. Organ retention, embryonic stem cell research,
physician-assisted suicide and the allocation of resources to fund health
care are but a few examples among many. The emphasis of this series is
thus on matters of public concern and/or practical significance. We look
for books that could make a difference to the development of medical law
and enhance the role of medico-legal debate in policy circles. That is not
to say that we lack interest in the important theoretical dimensions of
the subject, but we aim to ensure that theoretical debate is grounded in
the realities of how the law does and should interact with medicine and
health care.
Series Editors
Professor Graeme Laurie
University of Edinburgh
Professor Richard Ashcroft
City, University of London
A list of books in the series can be found at the end of this volume.
Published online by Cambridge University Press
AI IN eHEALTH
Human Autonomy, Data Governance
and Privacy in Healthcare
Edited by
MARCELO CORRALES COMPAGNUCCI
University of Copenhagen
MICHAEL LOWERY WILSON
University of Turku
MARK FENWICK
Kyushu University
NIKOLAUS FORGÓ
University of Vienna
TILL BÄRNIGHAUSEN
Heidelberg University
Published online by Cambridge University Press
University Printing House, Cambridge CB2 8BS, United Kingdom
One Liberty Plaza, 20th Floor, New York, NY 10006, USA
477 Williamstown Road, Port Melbourne, VIC 3207, Australia
314–321, 3rd Floor, Plot 3, Splendor Forum, Jasola District Centre, New Delhi – 110025, India
103 Penang Road, #05–06/07, Visioncrest Commercial, Singapore 238467
Cambridge University Press is part of the University of Cambridge.
It furthers the University’s mission by disseminating knowledge in the pursuit of
education, learning, and research at the highest international levels of excellence.
www.cambridge.org
Information on this title: www.cambridge.org/9781108830966
DOI: 10.1017/9781108921923
© Cambridge University Press 2022
This publication is in copyright. Subject to statutory exception
and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without the written
permission of Cambridge University Press.
First published 2022
A catalogue record for this publication is available from the British Library.
Library of Congress Cataloging-in-Publication Data
Names: Corrales Compagnucci, Marcelo, 1978– editor.
Title: AI in eHealth : human autonomy, data governance and privacy in
healthcare / Marcelo Corrales Compagnucci, Centre for Advanced Studies
in Biomedical Innovation Law (CeBIL), Faculty of Law, University of
Copenhagen (Copenhagen, Denmark); Mark Fenwick, Graduate School of Law,
Kyushu University (Fukuoka, Japan); Michael Lowery Wilson, Injury
Epidemiology and Prevention (IEP), Turku Brain Injury Centre, Division
of Clinical Neurosciences, Turku University Hospital and University of
Turku (Turku, Finland); Nikolaus Forgó, Department of Innovation and
Digitalisation in Law, University of Vienna (Vienna, Austria); Till
Bärnighausen, Department of Global Health and Population, Harvard T.H.
Chan School of Public Health (Boston, USA), Heidelberg Institute of
Global Health, Universitäts Klinikum (Heidelberg, Germany).
Other titles: Artificial intelligence in eHealth
Description: Cambridge, United Kingdom ; New York, NY : Cambridge
University Press, 2022. | Series: Cambridge bioethics and law |
ECIP acknowledgements. | Includes bibliographical references
and index.
Identifiers: LCCN 2021063026 | ISBN 9781108830966 (hardback) | ISBN
9781108921923 (ebook)
Subjects: LCSH: Medical informatics – Law and legislation. | Artificial
intelligence – Law and legislation.
Classification: LCC K3611.R43 A75 2022 | DDC 344.03/21–dc23/eng/20220531
LC record available at https://lccn.loc.gov/2021063026
ISBN 978-1-108-83096-6 Hardback
Cambridge University Press has no responsibility for the persistence or accuracy of
URLs for external or third-party internet websites referred to in this publication
and does not guarantee that any content on such websites is, or will remain,
accurate or appropriate.
Published online by Cambridge University Press
AI IN eHEALTH
The emergence of digital platforms and the new application economy are
transforming healthcare and creating new opportunities and risks for all
stakeholders in the medical ecosystem. Many of these developments rely
heavily on data and AI algorithms to prevent, diagnose, treat, and monitor
diseases and other health conditions. A broad range of medical, ethical and
legal knowledge is now required to navigate this highly complex and fast-
changing space. This collection brings together scholars from medicine
and law, but also ethics, management, philosophy and computer science, to
examine current and future technological, policy and regulatory issues. In
particular, the book addresses the challenge of integrating data protection
and privacy concerns into the design of emerging healthcare products and
services. With a number of comparative case studies, the book offers a
high-level, global and interdisciplinary perspective on the normative and
policy dilemmas raised by the proliferation of information technologies in
a healthcare context.
marcelo corrales Compagnucci is Associate Professor of Informa-
tion Technology Law at the Centre for Advanced Studies in Biomedical Inno-
vation Law, Faculty of Law, University of Copenhagen, Denmark.
michael lowery wilson is Associate Professor of Injury Epidemiology
and Prevention at the Faculty of Medicine, University of Turku, Finland.
mark fenwick is Professor of International Business Law at the Graduate
School of Law, Kyushu University, Japan.
nikolaus forgó is Professor of IT and IP Law at the Department
of Innovation and Digitalisation in Law, Faculty of Law, University of
Vienna, Austria.
till bärnighausen is Professor in Epidemiology at the Heidelberg
Institute of Global Health, Germany.
Published online by Cambridge University Press
Cambridge Bioethics and Law
This series of books - formerly called Cambridge Law, Medicine and
Ethics - was founded by Cambridge University Press with Alexander
McCall Smith as its first editor in 2003. It focuses on the law’s complex
and troubled relationship with medicine across both the developed and
the developing world. In the past twenty years, we have seen in many
countries increasing resort to the courts by dissatisfied patients and
a growing use of the courts to attempt to resolve intractable ethical
dilemmas. At the same time, legislatures across the world have struggled
to address the questions posed by both the successes and the failures of
modern medicine, while international organisations such as the WHO
and UNESCO now regularly address issues of medical law. It follows that
we would expect ethical and policy questions to be integral to the analysis
of the legal issues discussed in this series. The series responds to the high
profile of medical law in universities, in legal and medical practice, as
well as in public and political affairs. We seek to reflect the evidence
that many major health-related policy and bioethics debates in the UK,
Europe and the international community over the past two decades
have involved a strong medical law dimension. With that in mind, we
seek to address how legal analysis might have a trans-jurisdictional and
international relevance. Organ retention, embryonic stem cell research,
physician-assisted suicide and the allocation of resources to fund health
care are but a few examples among many. The emphasis of this series is
thus on matters of public concern and/or practical significance. We look
for books that could make a difference to the development of medical law
and enhance the role of medico-legal debate in policy circles. That is not
to say that we lack interest in the important theoretical dimensions of
the subject, but we aim to ensure that theoretical debate is grounded in
the realities of how the law does and should interact with medicine and
health care.
Series Editors
Professor Graeme Laurie
University of Edinburgh
Professor Richard Ashcroft
City, University of London
A list of books in the series can be found at the end of this volume.
Published online by Cambridge University Press
AI IN eHEALTH
Human Autonomy, Data Governance
and Privacy in Healthcare
Edited by
MARCELO CORRALES COMPAGNUCCI
University of Copenhagen
MICHAEL LOWERY WILSON
University of Turku
MARK FENWICK
Kyushu University
NIKOLAUS FORGÓ
University of Vienna
TILL BÄRNIGHAUSEN
Heidelberg University
Published online by Cambridge University Press
University Printing House, Cambridge CB2 8BS, United Kingdom
One Liberty Plaza, 20th Floor, New York, NY 10006, USA
477 Williamstown Road, Port Melbourne, VIC 3207, Australia
314–321, 3rd Floor, Plot 3, Splendor Forum, Jasola District Centre, New Delhi – 110025, India
103 Penang Road, #05–06/07, Visioncrest Commercial, Singapore 238467
Cambridge University Press is part of the University of Cambridge.
It furthers the University’s mission by disseminating knowledge in the pursuit of
education, learning, and research at the highest international levels of excellence.
www.cambridge.org
Information on this title: www.cambridge.org/9781108830966
DOI: 10.1017/9781108921923
© Cambridge University Press 2022
This publication is in copyright. Subject to statutory exception
and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without the written
permission of Cambridge University Press.
First published 2022
A catalogue record for this publication is available from the British Library.
Library of Congress Cataloging-in-Publication Data
Names: Corrales Compagnucci, Marcelo, 1978– editor.
Title: AI in eHealth : human autonomy, data governance and privacy in
healthcare / Marcelo Corrales Compagnucci, Centre for Advanced Studies
in Biomedical Innovation Law (CeBIL), Faculty of Law, University of
Copenhagen (Copenhagen, Denmark); Mark Fenwick, Graduate School of Law,
Kyushu University (Fukuoka, Japan); Michael Lowery Wilson, Injury
Epidemiology and Prevention (IEP), Turku Brain Injury Centre, Division
of Clinical Neurosciences, Turku University Hospital and University of
Turku (Turku, Finland); Nikolaus Forgó, Department of Innovation and
Digitalisation in Law, University of Vienna (Vienna, Austria); Till
Bärnighausen, Department of Global Health and Population, Harvard T.H.
Chan School of Public Health (Boston, USA), Heidelberg Institute of
Global Health, Universitäts Klinikum (Heidelberg, Germany).
Other titles: Artificial intelligence in eHealth
Description: Cambridge, United Kingdom ; New York, NY : Cambridge
University Press, 2022. | Series: Cambridge bioethics and law |
ECIP acknowledgements. | Includes bibliographical references
and index.
Identifiers: LCCN 2021063026 | ISBN 9781108830966 (hardback) | ISBN
9781108921923 (ebook)
Subjects: LCSH: Medical informatics – Law and legislation. | Artificial
intelligence – Law and legislation.
Classification: LCC K3611.R43 A75 2022 | DDC 344.03/21–dc23/eng/20220531
LC record available at https://lccn.loc.gov/2021063026
ISBN 978-1-108-83096-6 Hardback
Cambridge University Press has no responsibility for the persistence or accuracy of
URLs for external or third-party internet websites referred to in this publication
and does not guarantee that any content on such websites is, or will remain,
accurate or appropriate.
Published online by Cambridge University Press
CONTRIBUTORS
Till Bärnighausen  Department of Global Health and Population,
Harvard T. H. Chan School of Public Health (Boston, USA); Heidelberg
Institute of Global Health, Heidelberg University (Heidelberg, Germany).
Karen L. Celedonia Injury Epidemiology and Prevention, Turku Brain
Injury Centre, Division of Clinical Neurosciences, Turku University
Hospital and University of Turku (Turku, Finland).
Marcelo Corrales Compagnucci Centre for Advanced Studies in
Biomedical Innovation Law, Faculty of Law, University of Copenhagen
(Copenhagen, Denmark).
Dena Dervanović Gernandt & Danielsson (Stockholm, Sweden).
Mark Fenwick Graduate School of Law, Kyushu University (Fukuoka,
Japan).
Nikolaus Forgó Department of Innovation and Digitalisation in Law,
University of Vienna (Vienna, Austria).
Helena Haapio  School of Accounting and Finance, Business Law,
University of Vaasa (Vaasa, Finland); Faculty of Law, University of Lapland
(Rovaniemi, Finland); and Lexpert Ltd (Helsinki, Finland).
Shawn H. E. Harmon IWK Health Centre and Dalhousie University
(Halifax, Canada).
Thomas Hoeren Faculty of Law, Münster University (Münster, Germany).
Anant Jani Oxford Martin School, University of Oxford (Oxford, UK);
Heidelberg Institute of Global Health, Heidelberg University (Heidelberg,
Germany).
Yki Kortesniemi Department of Communications and Networking,
School of Electrical Engineering, Aalto University (Espoo, Finland).
viii
Published online by Cambridge University Press