Cracking the Code: A Scoping Review to Unite Disciplines in Tackling Legal Issues in Health Artificial Intelligence

Abstract

Background: The rapid integration of artificial intelligence (AI) in healthcare requires the establishing of robust legal safeguards to ensure safety, privacy, and non-discrimination, crucial for maintaining trust. Collaborative efforts across disciplines are essential for effective AI-governance; unaddressed differences in disciplinary perspectives and priorities risks impeding effective reform. Objective: To provide law and policymaking guidance by systematically mapping the legal concerns about health-AI raised by disciplines of medicine, law, nursing, pharmacy, other healthcare professions, public health, computer science, and engineering, revealing convergences and divergences in disciplinary comprehension, prioritization, and proposed solutions to legal issues. Design, data sources, and study selection: Employing a scoping review methodology, we searched MEDLINE (Ovid), EMBASE (Ovid), HeinOnline Law Journal Library, Index to Foreign Legal Periodicals (HeinOnline), Index to Legal Periodicals and Books (EBSCOhost), Web of Science (Core Collection), Scopus, and IEEE Xplore, identifying relevant legal issue discussions published, in English or French, from January 2012 to July 2021. Of 18,168 screened studies, 432 were included for data extraction and analysis. Results: Critical disciplinary differences were evident in both the frequency and nature of discussions of legal issues and potential solutions. Notably, innovators in computer science and engineering exhibited minimal engagement with legal issues. Authors in law and medicine frequently contributed, but prioritized different legal issues and proposed different solutions. Conclusion: Discrepancies in perspectives regarding law reform priorities and solutions jeopardize the progress of health-AI development. We need inclusive, interdisciplinary dialogues concerning the risks and trade-offs associated with various solutions to ensure optimal law and policy reform.

Competing Interest Statement

The authors have declared no competing interest.

Clinical Protocols

https://systematicreviewsjournal.biomedcentral.com/articles/10.1186/s13643-022-01939-y

Funding Statement

This study was funded by the Canadian Institutes of Health Research, the Hospital for Sick Children Research Institute, and the Alex Trebek Forum for Dialogue

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Data Availability

All data produced in the present study are available upon reasonable request to the authors

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