Problems and Prospects of Legal Regulation of Artificial Intelligence in Telemedicine
摘要
This research aims to identify the main directions of artificial intelligence (AI) development in the provision of telemedical care that require additional legal regulation, identify problems and gaps in the current legal framework, and propose new solutions. The provision of medical care is undergoing a fundamental transformation under the influence of digitalization, manifested in the growing role of AI and telemedicine technologies. Together, these two phenomena create challenges for legislative and law enforcement bodies. This research aims to identify and systematically analyze existing problems, proposing optimal solutions to address them. The research results outline the main problems of using AI in telemedicine: (1) the problem of initial data quality, (2) the problem of loss of generalization ability, (3) the problem of the duration of continuous learning use, (4) the problem of data uniqueness, (5) the problem of liability, and (6) the problem of personal data. The author concludes that Russian legislation should increase the responsibility and role of the medical device manufacturer in ensuring the safety of devices. In foreign legislation, it is necessary to create rules for the automatic transfer of data to an authorized body monitoring deviations in the behavior of AI. The research identifies and develops proposals to improve the legal regulation of AI in telemedicine. The author also tries to present a set of recommendations based on a comparison of regulations across different jurisdictions.