Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 442-453 |
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Bashipour Haghighi S A, Shojaeeian K, Alaee H. The Impact of Artificial Intelligence on the Right to Privacy of Patients with an Emphasis on Challenges and Gaps. MLJ 2024; 18 (59) :442-453
URL: http://ijmedicallaw.ir/article-1-1795-en.html
URL: http://ijmedicallaw.ir/article-1-1795-en.html
1- Department of Public Law, Shiraz Branch, Islamic Azad Univerty, Shiraz, Iran.
2- Department of Public Law, Shiraz Branch, Islamic Azad Univerty, Shiraz, Iran.
2- Department of Public Law, Shiraz Branch, Islamic Azad Univerty, Shiraz, Iran.
Abstract:
Background and Aim: Hospitals and medical centers are the treatment environment for people who refer to them. However, due to the necessity of preventing and quickly and effectively dealing with diseases in referring people, a lot of their data must be protected and controlled in hospital systems that often operate with artificial intelligence in such a way that in a short period of time, Facilitate access to this data. On the other hand, considering that the coordination between medical centers and their supervision is among the governing duties of the Ministry of Health, Treatment and Medical Education and this coordination and supervision is possible without the use of artificial intelligence systems, the use of artificial intelligence over the right to privacy. There are several major reasons for choosing this topic. First, one of the fields in which artificial intelligence has had the greatest impact is the field of medicine and patients' rights. Secondly, the right to privacy of patients is one of their fundamental rights in most Medical systems are considered to be challenged by the development of the application of artificial intelligence-based systems. The goals of this research are firstly to identify the dimensions of the impact of artificial intelligence on patients' right to privacy; secondly to evaluate the challenges and gaps that exist in the field of impact of artificial intelligence on patients' privacy is drawn.
Method: The current research method is descriptive-analytical. In this regard, reliable library sources are used, including first-hand sources, i.e. laws and regulations that exist both in the field of artificial intelligence and in the field of patient privacy and second-hand sources, i.e. books, articles and related views.
Ethical Considerations: This research has been organized in compliance with the principles of trustworthiness, honesty, avoiding plagiarism and accuracy.
Results: Patients' privacy is considered to be part of the fundamental rights of patients, which can only be violated in the case of legal or judicial permission and therefore, the developers of artificial intelligence systems that can be used in hospital activities, should take this issue into consideration when developing the system.
Conclusion: The results of the present research are that, firstly, the impact of artificial intelligence on the right to privacy of patients is divided into two categories, positive and negative. From a positive point of view, since the access to data in artificial intelligence systems is done quickly, therefore, the level of access to patient data in these systems is higher than that of human users, but from a negative point of view, because the center's artificial intelligence systems the main accumulation of data is related to patients; By leaking any information from these systems, there is a possibility of major violation of patients' privacy. Secondly, due to the multitude of artificial intelligence systems in medical fields and the need to include patients' personal data in them due to the lack of regulation of these systems, centers should be created to monitor the privacy of patients in these systems.
Please cite this article as:
Bashipour Haghighi SA, Shojaeeian KH, Alaee H. The Impact of Artificial Intelligence on the Right to Privacy of Patients with an Emphasis on Challenges and Gaps. Medical Law Journal. 2024; 18: e31.
Method: The current research method is descriptive-analytical. In this regard, reliable library sources are used, including first-hand sources, i.e. laws and regulations that exist both in the field of artificial intelligence and in the field of patient privacy and second-hand sources, i.e. books, articles and related views.
Ethical Considerations: This research has been organized in compliance with the principles of trustworthiness, honesty, avoiding plagiarism and accuracy.
Results: Patients' privacy is considered to be part of the fundamental rights of patients, which can only be violated in the case of legal or judicial permission and therefore, the developers of artificial intelligence systems that can be used in hospital activities, should take this issue into consideration when developing the system.
Conclusion: The results of the present research are that, firstly, the impact of artificial intelligence on the right to privacy of patients is divided into two categories, positive and negative. From a positive point of view, since the access to data in artificial intelligence systems is done quickly, therefore, the level of access to patient data in these systems is higher than that of human users, but from a negative point of view, because the center's artificial intelligence systems the main accumulation of data is related to patients; By leaking any information from these systems, there is a possibility of major violation of patients' privacy. Secondly, due to the multitude of artificial intelligence systems in medical fields and the need to include patients' personal data in them due to the lack of regulation of these systems, centers should be created to monitor the privacy of patients in these systems.
Please cite this article as:
Bashipour Haghighi SA, Shojaeeian KH, Alaee H. The Impact of Artificial Intelligence on the Right to Privacy of Patients with an Emphasis on Challenges and Gaps. Medical Law Journal. 2024; 18: e31.
Type of Study: Original Article |
Received: 2024/02/9 | Accepted: 2024/05/18
Received: 2024/02/9 | Accepted: 2024/05/18
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