2021 LS&HC Horizons - Flipbook - Page 31
Life Sciences and Health Care Horizons 2021
31
Feeding AI with EU health data: The future of the future
The AI EU legal framework is still in its early
development stages, and EU institutions and
governments are working to strike a balance between
innovation and safety. This requires those regulatory
bodies to make sure that their AI legal policies
comply with data protection principles, including:
• Accountability. The first step, before launching
any AI project using EU data, is to ensure
accountability including performing data
protection impact assessments, understanding
the relationship and distinction between
controllers and processors in the AI context, as
well as managing and documenting decisions
taken with respect to AI-related risks.
• Fair, lawful, and transparent processing. AI
projects must identify lawful bases, avoid
potential discrimination, and document the
source of input data.
• Data minimization and security. Data security
issues are a major concern for AI and it is key to
comply with the principle of data minimization,
i.e., identifying the minimum amount of personal
data needed, especially during the machine
learning training and inference stages.
• Compliance with individual data subject rights.
It is important to respect data subject rights
in the context of data input and output of
AI systems. If there is automated individual
decision-making, including profiling, the
system must be designed to facilitate effective
human review.
Automatic decision rules and explainability are
at the heart of AI usage of data. Algorithms and
AI functioning must be fair, and the controller is
responsible to guarantee that the chosen method
does not lead to inappropriate results. For example,
there should be no bias in its reasoning and output
or opaque decision-making of discrimination. The
future legal framework will work to ensure that AI
systems are used ethically.
Patrice Navarro
Partner, Paris
patrice.navarro@hoganlovells.com
Julie Schwartz
Senior Associate, Paris
julie.schwartz@hoganlovells.com
Joséphine Pour
Associate, Paris
josephine.pour@hoganlovells.com
AI – A brave
new world?
