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Artificial Intelligence in Medical Diagnoses and the Right to Explanation

DOI https://doi.org/10.21552/edpl/2018/3/9

Thomas Hoeren, Maurice Niehoff


Artificial intelligence and automation is also finding its way into the healthcare sector with some systems even claiming to deliver better results than human physicians. However, the increasing automation of medical decision-making is also accompanied by problems, as the question of how the relationship of trust between physicians and patients can be maintained or how decisions can be verified. This is where the right to explanation comes into play, which is enshrined in the General Data Protection Regulation (GDPR). This article explains how the right is derived from the GDPR and how it should be established.
Keywords: Data Protection, Privacy, AI, Articial Intelligence, Algorithm

Prof Dr Thomas Hoeren is Director of the Civil Law Department of the Institute for Information, Telecommunications and Media Law (ITM) at the Westfälische Wilhelms-University Münster, Germany.Ass Iur Maurice Niehoff is a research assistant at the Institute for Information, Telecommunications and media Law (ITM) at the Westfälische Wilhelms-University Münster, Germany.

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