The Use Of Artificial Intelligence In The Healthcare Sector: A Critical Analysis Of The Existing Legal Framework In India With Respect To Privacy And Data Protection
Vidisha Joshi, LL.M. Student at Hidayatullah National Law University, Raipur
ABSTRACT
The development and widespread adoption of artificial intelligence (AI) has left very few sectors untouched, and the healthcare sector is no exception. AI provides efficient solutions to a number of challenges peculiar to the healthcare sector. This implies that the use of AI technology in the healthcare sector is only increasing day-by-day.
India enjoys an important position in the global healthcare and pharmaceutical market. However, the Indian healthcare sector faces the issue of quality, accessibility and affordability which create a roadblock in realising the objective of providing good quality healthcare services to all. Realising the scope of artificial intelligence, NITI Aayog, in its 2018 discussion paper on National Strategy on Artificial Intelligence highlighted the potential of artificial intelligence in solving the issues of quality, accessibility and affordability, that are peculiar to the Indian healthcare sector. The central government as well as various state governments have also adopted a number of steps to integrate artificial intelligence into the healthcare system in India.
Although adoption of AI technology in the healthcare sector in India seems very promising and rewarding, it is imperative to understand the implications of such adoption in light of the growing privacy and data protection concerns. The present paper thus, focusses on analysing the privacy and data protection framework in India, with respect to its adequacy in addressing the challenges posed by the adoption of AI in the healthcare sector. In doing so, the paper will analyse both current and proposed legal framework.
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