AI Regulation in Healthcare: New Paradigms for A Legally Binding Treaty Under the World Health Organization

Abstract

Our use and dependency to information and communication technology (ICT) creates undoubtedly new opportunities but also new risks. To ensure that ICT helps to promote healthcare and medicine worldwide, we necessarily need to address issues related to the implementation of Artificial Intelligence (AI) in healthcare. Human rights such as data privacy; ethics in the use of data; the digital gap or bias in AI are new challenges to tackle. According to the World Health Organization (WHO), AI promises to facilitate access to healthcare and medicine worldwide. Our postulation is that the current legal framework cannot regulate adequately the use of AI in healthcare. International cooperation is a prerequisite to ensure that all new risks and challenges associated with the use of AI in healthcare are tackled. A revision of the WHO International Health Regulations (IHR) is necessary as well as new coercive powers for the WHO to enable effective global public health policies.