The dilemma and outlet of consent rules in medical artificial intelligence field
Yang Zhengjie，Deng Jialin
Law School,Southwest University for Nationalities
Abstract： With the development of the artificial intelligence, the relationship between personal information protection and personal data use appears to be relatively tense. Personal medical information protection is the best example to explore the dilemma and solution of consent rules in the era of artificial intelligence. The field of artificial intelligence has broad research value, but its premise depends on the processing of massive personal medical data. However, the current personal information protection system based on consent rules is difficult to meet the challenges of personal medical information protection in the era of medical artificial intelligence. The traditional consent rule, as the justification basis of personal information processing, is in many difficulties. Innovation, not abandonment of consent rules, is the solution to personal information protection in the age of artificial intelligence. On the basis of adhering to the core value of the consent rule, this paper introduces the scene theory, and combines the principle of proportion under a specific purpose to reconstruct the consent rule differently, to achieve the dynamic application of the consent rule in different scenarios and layers, so as to balance the protection of personal information and the utilization of personal data.
Key words : personal medical information; medical artificial intelligence; scene theory; principle of proportionality
