Partner and Co-Chair of WilmerHale’s Artificial Intelligence Practice and Cybersecurity and Privacy Practice, Kirk Nahra, authored the article "Regulator Concerns and the Benefits of AI in Health Care" published by The SciTech Lawyer.
Excerpt: “Artificial intelligence (AI) is everywhere these days. The technology is moving at incredibly rapid speeds. As with many areas of technology law, the law and overall regulatory process are not keeping pace with the expansion of the technology. For AI, there is meaningful concern that the failure of law to keep pace with technology may lead some regulators to be more cautious about AI than they have been in other contexts (such as the development of overall privacy law)—with potential adverse consequences from this caution for both industry and consumers.
This article looks at one such example—the use of AI in the context of health care. Clearly, there are enormous opportunities. At the same time, we already are aware of specific concerns about AI in health care—largely driven by concerns about accuracy, bias, and discrimination.1 However, there also is perhaps a misunderstanding of these benefits and an overvaluing of potential risks. Taken to their extreme, these concerns (particularly as expressed by the current chair of the Federal Trade Commission (FTC)) threaten to derail the development of AI for the health care industry—which would be detrimental to both the health care industry and patients around the world.”