AI and Automated Systems and the Right to Health – Revisiting Law Accounting for the Exploitation of Users Preferences and Values

Beskrivning

An efficient and fair healthcare system is essential to provide the necessary care, as well as to respond to public health emergencies. Yet, data show and the current public health emergency illustrates that many states across the world, including within the EU and Sweden face considerable challenges. Artificial intelligence (AI) shows extraordinary potential to improve and optimize healthcare and therefore its rapid implementation has become a policy priority at the EU, as well as at the national level in Sweden. However, AI as any other major technological revolution, brings along not only promises and opportunities, but also challenges, puts at stake a number of rights, mechanisms, and practices the health systems rest upon. From the right to health perspective, it is an obligation of Sweden, as well as other countries that are bound to the treaties protecting this right, to ensure that in implementing these novelties, the right to health and its constituting elements are not undermined. AICARE aims to examine how AI challenges the existing legal and ethical norms that regulate healthcare, and how they need to be enhanced (through revision, reinterpretation) or new measures are needed to ensure that the right to health in Sweden is safeguarded.