Michael Froomkin, Professor at University of Miami Law School and EPIC Advisor, recently sat down with the “Week in Health Law” Podcast to discuss consent and how consent works for the “next generation” of healthcare and healthcare research.
During the discussion, the guests identify ways in which healthcare is continuing to evolve – particularly with the use of Artificial Intelligence (AI). AI raises new concerns and unique challenges regarding data protection. According to Froomkin, the unpredictable nature of AI also makes obtaining consent an issue.
Speaking from a healthcare provider’s perspective Froomkin says, “At the time we are asking for consent, we are not able to tell people in a meaningful way how their data will be used, because we don’t know. Informed consent, becomes a lot less informed.”
This presents other challenges for those in healthcare policy to consider: What might an appropriate consent regulation look like? Furthermore, Professor Froomkin points out, there will be a need to rewrite company policies on consent and no one really wants to be the first to change the way things have been done – especially since there is no pattern language. Listen to this interesting discussion below.