Column "Digital health and Artificial Intelligence"

This section aims to provide an analysis of the legal issues related to artificial intelligence, with a particular focus on healthcare.
The aspects of privacy and ethics related to the use of AI systems will be addressed, also through cases covered by global news.

High-risk AI systems and medical devices: data governance

The Proposal on artificial intelligence regulates in detail systems classified as high risk, which includes medical devices.  We analyse the implications of a high-risk artificial intelligence system from a data governance perspective.


Artificial Intelligence and data protection: a possible coexistence?

The aim of European legislation on AI is to ensure - as stated in the Explanatory Memorandum of the Proposal for a Regulation on AI - that 'European citizens can benefit from new technologies developed and operated in accordance with the values, fundamental rights and principles of the Union'.  Among these rights, the right to the protection of personal data certainly plays a primary role.


The new European rules on artificial intelligence

The European Union aims to be a world leader in the development of safe, reliable and ethical artificial intelligence (Recital 5). Last April, it published the Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain pieces of Union legislation. We analyse the most relevant aspects.


Can the work created by artificial intelligence be protected?

The use of artificial intelligence systems in the cultural and technological field innovation has grown considerably, and will certainly continue to develop over the next few years.  In this article we shall analyze the possible protection provided for a work realized autonomously by the AI.


The national strategic plan for artificial intelligence is approved

The Italian Council of Ministers has approved, with some delay compared to the European Coordinated Plan of 2018, the National Strategic Plan for Artificial Intelligence. The plan includes 24 policies to be implemented in the three years period 2022-2024, which will go towards strengthening the AI system in Italy, reinforcing research and incentivizing technology transfer. The national program is the result of collaboration between the Ministry of University and Research, the Ministry of Economic Development and the Ministry for Technological Innovation and Digital Transition. Three focus areas [...]


Artificial Intelligence and Intellectual Property: which protections for the work that consists of an AI?

Back in 2018, the European Commission published a Coordinated Plan on AI, aimed at setting the European approach to AI (anthropocentric, sustainable, safe, inclusive, and reliable), promoting the adoption of national plans, and ensuring EU funding. To preserve global competitiveness, the Commission is committed to promoting innovation in the development and use of AI technologies in all industries sectors and all Member States. Therefore, the development of artificial intelligence systems represents an important opportunity for development and increased competitiveness in both Member States and the private sector, increasing the competitiveness of companies. However, when we talk about artificial intelligence, many questions arise.


AI and data accuracy: is the legal framework adequate?

When we talk about data accuracy in AI systems, we go far beyond the notion of ‘precision’ and ‘updating’ of data: we also refer to the accuracy of the "statistical modelling” of the software. This means evaluating how many times an AI system guesses the answer that is deemed correct in relation to the data entered and the processing system of the AI software itself.

AI: Principle of transparency and information requirements on the logic of the algorithm

Article 5 states that transparency is one of the principles that must be applied when processing personal data. In line with this principle, the GDPR establishes a series of disclosure obligations for the Data Controller, which find their practical implementation in the privacy policy tool. The GDPR then sets out an "enhanced" duty in cases of automated data processing, among which Artificial Intelligence softwares must undoubtedly be included.

AI: the principle of fairness of data processing and the issue of data bias

As we know, Artificial Intelligence systems have the ability to analyze huge amounts of data and they require them during the learning and testing phases. In relation to machine learning techniques, it is often said that the more training data that can be put into a model, the better results it will produce.

Privacy&AI in the time of Coronavirus: reflections on geolocation and predictive systems

The Covid-19 epidemic has brought even more attention on the two hottest topics of 2020: Artificial Intelligence and Privacy. One month after the launch of the European policy on Artificial Intelligence (you can read about it here), Europe is facing a crucial challenge, which will undoubtedly define future policies.