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Co-creating Consent for Data Use - AI-Powered Ethics for Biomedical AI.
Barbara J Evans1,2, Azra Bihorac3
1Levin College of Law, University of Florida, Gainesville.
NEJM AI
|September 8, 2025
Summary
Medical artificial intelligence (AI) requires AI-powered regulatory oversight to ensure privacy and public trust. Evolving informed consent and developing AI tools are crucial for ethical AI governance in healthcare.
Area of Science:
- Biomedical AI
- Regulatory Science
- Bioethics
Background:
- Nations are developing regulatory frameworks for medical AI, facing challenges in oversight due to AI's complexity and rapid innovation.
- Existing regulatory institutions may be overwhelmed by the scale and pace of AI development, potentially eroding public trust.
- Protecting privacy while ensuring access to large, inclusive data is critical for safe, effective, and equitable medical AI.
Purpose of the Study:
- To explore the challenges of regulating medical AI, focusing on privacy protection and data access.
- To examine the limitations of traditional informed consent in large-scale data environments.
- To advocate for the development of AI-powered oversight mechanisms and evolved privacy standards.
Main Methods:
- Literature review and analysis of current regulatory challenges in medical AI.
- Exploration of the concept of informed consent in the context of big data and AI.
- Conceptualization of AI-driven solutions for regulatory and ethical oversight.
Main Results:
- Traditional informed consent models are insufficient for modern large-scale data use in medical AI.
- AI applications in biomedicine pose significant challenges to human regulators.
- There is an urgent need for AI-powered tools to assist human regulators and ethicists.
Conclusions:
- Informed consent must evolve to ensure privacy, equity, and trust in medical AI.
- AI-driven oversight processes are necessary to support human regulators and ethicists.
- Investment in AI tools for AI oversight is critical to prevent regulators from falling behind.
- Public engagement in co-creating privacy standards is essential for data contribution.
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