Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 267-288 |
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Ghabooli Dorafshan S M H, Najibzadeh Vamegh Abadi F. Artificial Intelligence in Health Systems: Juridical-Theological Protection of Patient Privacy and Ethical Obligations. MLJ 2026; 20 (61) :267-288
URL: http://ijmedicallaw.ir/article-1-1991-en.html
URL: http://ijmedicallaw.ir/article-1-1991-en.html
1- Department of Islamic Jurisprudence and Principles of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran.
Abstract:
Background and Aim: The expanding use of artificial intelligence in diagnosis, monitoring and clinical decision support, while enhancing efficiency, has created an unprecedented dependence on deeply identity-related patient data. The central issue is how to safeguard patient dignity, privacy and autonomy throughout the entire data lifecycle without undermining therapeutic interests and clinical safety.
Method: This study adopts a descriptive-analytical approach based on library and documentary sources. It employs a comparative interpretation of Islamic jurisprudential foundations, the legal rules of Iran and the European Union and the ethical and technical standards governing the clinical use of artificial intelligence in healthcare systems.
Ethical Considerations: Scientific integrity, respect for individual rights, confidentiality and respect for intellectual property were observed throughout all stages of the research and writing process.
Results: The findings indicate that health data constitute an extension of the patient’s personality and their effective protection requires data minimization, access control and output obfuscation. In Iranian law, the protection of dignity, the prohibition of intrusion and the criminalization of unauthorized disclosure and access, subject to explicit legal authorization, provide preventive and punitive safeguards. In the European Union, patient data governance, risk management, human oversight of high-risk systems and judicial and enforcement mechanisms establish a coherent accountability framework.
Conclusion: Effective protection of patient privacy in AI-based medicine requires the integration of a dignity-based normative foundation, legal and criminal safeguards and auditable technical standards. The European Union model offers a suitable reference point for developing clear digital health regulations in Iran.
Please cite this article as:
Ghabooli Dorafshan SMH, Najibzadeh Vamegh Abadi F. Artificial Intelligence in Health Systems: Juridical-Theological Protection of Patient Privacy and Ethical Obligations. Medical Law Journal. 2026; 20: e18.
Method: This study adopts a descriptive-analytical approach based on library and documentary sources. It employs a comparative interpretation of Islamic jurisprudential foundations, the legal rules of Iran and the European Union and the ethical and technical standards governing the clinical use of artificial intelligence in healthcare systems.
Ethical Considerations: Scientific integrity, respect for individual rights, confidentiality and respect for intellectual property were observed throughout all stages of the research and writing process.
Results: The findings indicate that health data constitute an extension of the patient’s personality and their effective protection requires data minimization, access control and output obfuscation. In Iranian law, the protection of dignity, the prohibition of intrusion and the criminalization of unauthorized disclosure and access, subject to explicit legal authorization, provide preventive and punitive safeguards. In the European Union, patient data governance, risk management, human oversight of high-risk systems and judicial and enforcement mechanisms establish a coherent accountability framework.
Conclusion: Effective protection of patient privacy in AI-based medicine requires the integration of a dignity-based normative foundation, legal and criminal safeguards and auditable technical standards. The European Union model offers a suitable reference point for developing clear digital health regulations in Iran.
Please cite this article as:
Ghabooli Dorafshan SMH, Najibzadeh Vamegh Abadi F. Artificial Intelligence in Health Systems: Juridical-Theological Protection of Patient Privacy and Ethical Obligations. Medical Law Journal. 2026; 20: e18.
Keywords: Artificial Intelligence, Patient Privacy, Algorithmic Justice, Informed Consent, Human Dignity
Type of Study: Original Article |
Received: 2025/08/4 | Accepted: 2025/12/4
Received: 2025/08/4 | Accepted: 2025/12/4
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