Technology-Driven Disruption of Healthcare & 'UI Layer' Privacy-by-Design

Corrales Compagnucci, Marcelo; Fenwick, Mark; Haapio, Helena; Minssen, Timo; Vermeulen, Erik P. M.

doi:10.2139/ssrn.3611702

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Technology-Driven Disruption of Healthcare & 'UI Layer' Privacy-by-Design

Cambridge Bioethics and the Law series, Cambridge University Press, Forthcoming

37 Pages Posted: 22 Jun 2020 Last revised: 9 Sep 2020

See all articles by Marcelo Corrales Compagnucci

Marcelo Corrales Compagnucci

Centre for Advanced Studies in Biomedical Innovation Law (CeBIL), Faculty of Law, University of Copenhagen

Mark Fenwick

Kyushu University - Graduate School of Law

Lexpert Ltd; University of Lapland - Faculty of Law; University of Vaasa, School of Accounting and Finance, Business Law; Tampere University - Faculty of Information Technology and Communication Sciences; JARGONFREE Research Group

Timo Minssen

University of Copenhagen - Centre for Advanced Studies in Biomedical Innovation Law (CeBIL) - Faculty of Law

Erik P. M. Vermeulen

Tilburg University - Department of Business Law; Signify (formerly known as Philips Lighting) - Legal Department; Tilburg Law and Economics Center (TILEC); European Corporate Governance Institute (ECGI); Kyushu University - Graduate School of Law

Date Written: May 27, 2020

Abstract

The use of digital technologies in healthcare is changing how medical treatments are developed by researchers, applied/practiced by medical professionals and experienced by patients. This article argues that a defining feature of this disruption is the emergence of new medical “apps” that leverage algorithm-based AI systems. As the use of such apps and AI wearables goes mainstream and new players — notably “Super Platforms” with digital rather than a medical expertise — enter the healthcare sector, the traditional means of providing medical services will be further transformed.

These developments pose several challenges for regulators and other policymakers, most obviously, in the context of privacy and data protection. Here, we examine how the emerging field of Legal Design can provide a more transparent infrastructure that embeds relevant legal protections in the user interfaces of healthcare products and services. Such a user interface (UI) focused Privacy-by-Design approach offers a number of advantages, most obviously greater transparency, accountability and (consequently) human choice. The article offers several real- world examples of design patterns that illustrate the value of UI focused Privacy-by-Design in protecting individuals’ sensitive information, enabling people to make choices and retain control of their personal data. The piece concludes with some examples and reflects on the challenges specific to implementing Legal Design in an eHealth context.

Keywords: AI, Algorithms, Apps, Data Protection, Design Patterns, GDPR, Healthcare, Legal Design, Privacy, Super Platforms, UI Layer Privacy-by-Design

Suggested Citation: Suggested Citation

Corrales Compagnucci, Marcelo and Fenwick, Mark and Haapio, Helena and Minssen, Timo and Vermeulen, Erik P.M., Technology-Driven Disruption of Healthcare & 'UI Layer' Privacy-by-Design (May 27, 2020). Cambridge Bioethics and the Law series, Cambridge University Press, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3611702 or http://dx.doi.org/10.2139/ssrn.3611702