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Data Privacy, Artificial Intelligence And Health Rights: Legal Frameworks And Gaps




Harshita Bairwa, Delhi Metropolitan Education, Noida


ABSTRACT


The convergence of data privacy, artificial intelligence (AI), and health rights creates a complicated set of legal and ethical issues, especially as AI becomes more deeply embedded in healthcare. As AI-powered systems are used for diagnostics, individualized treatments, and health monitoring, they require extensive collection and analysis of personal medical data. This growing dependence on sensitive health information heightens concerns about data security, privacy protection, and the risks of misuse or unauthorized access. Protecting people's privacy and health information is the goal of legal frameworks like the Health Insurance Portability and Accountability Act (HIPAA) in the US and the General Data Protection Regulation (GDPR) in the EU. These frameworks, however, frequently fail to address the particular difficulties presented by AI, especially with regard to responsibility, consent, and transparency.


One of the key gaps in current legal frameworks is the lack of clear guidelines on how AI systems, which rely on vast datasets for training and operation, can be compliant with data privacy laws while maintaining effectiveness. Moreover, technology is advancing so quickly that lawmakers often struggle to keep pace, resulting in uncertainties and gaps in how laws address AI- based healthcare tools .Questions of data ownership, consent for use, and the right to be forgotten are particularly pressing in the context of health data, where information is both highly personal and potentially life-saving.


To address these gaps, stronger legal frameworks are needed—ones that balance privacy safeguards with AI-driven innovation, protecting health rights while still enabling progress in medical technology. These frameworks must ensure informed consent, safeguard against biases in AI algorithms, and hold entities accountable for breaches or misuse of health data, thereby protecting individuals' rights to privacy and access to equitable healthcare.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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