The legal considerations of AI-blockchain for securing health data

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Abstract

This chapter examines the uses of artificial intelligence (AI) alongside blockchain in healthcare. AI and blockchain have proven benefits when used separately but those benefits can multiply when they are used together. When AI processes health data, it raises questions of legal compliance under laws such as the General Data Protection Regulation (GDPR) in the European Union (EU) and the Health Insurance Portability and Accountability Act (HIPAA) in the United States (US). We argue that blockchain can assist in complying with several legal requirements. First, blockchain can protect the privacy and security of health data by anonymising information processed by AI, by preventing unauthorised access to data and by mitigating data biases. Second, blockchain can ensure security compliance for AI medical devices by assisting with notification requirements, and verifying data integrity and accuracy. Third, blockchain can help with patient consent management where AI uses patient data. Finally, blockchain can incentivise health research that uses AI by creating a reward infrastructure for the use of health data. Together, these applications highlight the potential benefits of combining both technologies to ensure that legal protections are upheld.

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Solaiman, B., & Dimitropoulos, G. (2024). The legal considerations of AI-blockchain for securing health data. In Research Handbook on Health, AI and the Law: Research Handbooks in Health and Medical Law (pp. 130–149). Edward Elgar Publishing Ltd. https://doi.org/10.4337/9781802205657.00015

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