Artificial Intelligence in Healthcare: Data Protection and Liability Issues. An Italian Private Law Perspective

The use of AI systems raises many questions that require careful reflection for jurists, especially with reference to the application of AI in healthcare, given the delicate nature of the questions that this area raises. There are now several uses in healthcare of robotics and AI-based systems, which are capable of assisting the physician in all the steps of patient care. This can bring considerable advantages, but the associated risks should not be underestimated. It is therefore necessary to carefully focus on the impact of the use of AI in healthcare on personality rights, on the remedies and on the liability connected. The identification of potentially liable parties and the criteria for imputation of liability for the physician’s use of AI systems is particularly important to ensure adequate protection of the individual and to ensure an effective exercise of the right to compensation.