Artificial Intelligence in the health sector: legal challenges and regulation
AI can significantly improve the quality of health services, but its use also raises well-founded concerns. This paper, published by the Office for Strategy and Studies (GEE) of the Portuguese Ministry of Economy, analyses the current landscape of AI in the Portuguese health sector and proposes public policy solutions for Portugal.
The author focuses on three main challenges: the opacity of AI systems, which can undermine patients’ informed consent; bias and discrimination; and the protection of health data and privacy. On bias, she explains that it comes mostly from the data used to train AI, which can reflect existing social prejudices and be skewed by factors such as age, sex, race and socioeconomic background. The paper also analyses how these systems fit within the EU AI Act, with particular attention to the obligation of human oversight.
To reduce these risks, the author proposes measures such as ethical requirements in the development and choice of AI systems, impact assessments and independent data audits before approval, periodic evaluation with a mechanism for reporting failures, and training for health professionals so that they can understand AI and recognise its errors.
Learn more about this paper here: https://EconPapers.repec.org/RePEc:mde:wpaper:187
Reference:
Paixão Cansado, M. (2024). Inteligência Artificial no setor da saúde: desafios jurídicos e regulação (GEE Paper No. 187). Gabinete de Estratégia e Estudos, Ministério da Economia.

