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

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.