Intelligenza artificiale e sanità digitale. Il diritto by design e il ruolo del legal design per la protezione dei dati personali
420-439
Abstract: Artificial Intelligence and Digital Health. The Law by Design and the Role of Legal Design for Personal Data Protection
Artificial intelligence represents the most debated topic in the philosophical and legal IT fields and its exponential development in multiple sectors generates new opportunities, but also great challenges, for the future of humanity. The convergence between artificial intelligence and healthcare, in particular, which begins to hypothesize the incorporation of technology into humans, requires in-depth reflection on the urgent need for a balance between technological innovation and the protection of people’s fundamental rights, especially in relation to protection of data. In this regard, an essential role is played by the clarity and quality of the information provided to citizens on the processing of personal data concerning them and on the way in which health data is collected and analysed. Although this aspect still presents several critical issues, a way to encourage better communication on patient health could be found in the so-called legal design, understood as an innovative approach to law, aimed at making legal documents easily understandable for all users. The article aims to analyze the regulatory provisions currently in force contained in the GDPR as well as the new communication techniques, such as the so-called legal design, to be applied to particular sectors such as healthcare, to investigate their potential in the face of the new possibilities offered by artificial intelligence systems.