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Data privacy and protection in AI-driven healthcare
1Department of Jurisprudence, School of Law, University of South Africa, Pretoria, South Africa; admitted attorney of the High Court of South Africa.
Abstract:
The concept of keeping health data private is constantly being tested, as what constitutes health data has grown significantly, now including massive amounts of personal information from a variety of sources, such as genomic data, radiological images, medical records, and non- health data converted into health data. These numerous sources of data, collectively termed 'biomedical big data' (BD), comprise a health data ecosystem that has altered the landscape of health research. BD, which is often referred to as the 'new oil', provides a natural blueprint for artificial intelligence (AI) to thrive and to generate and advance knowledge exponentially. However, while the need for data grows, data breaches are on the rise, specifically in the healthcare sector. The rise in local data breaches underscores the urgent need to translate paper into practice by strengthening systems and enforcing the ethico-legal framework governing the processing of data in SA, including ways in which to efficiently handle its misuse. This involves ensuring the adoption of ethically sound practices, adaptable infrastructure, and robust governance that is specific to the SA context.
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