Law Reform Submission On AI Genetic Privacy and Consent Assignment Sample

Introduction: AI Regulation Gaps In Reproductive Genetic Healthcare

Artificial Intelligence [AI] persuading potential value for healthcare sector that varies from improving quality of care to delivering personalised experiences [1]. AI transforming reproductive and genetic technologies that possess substantial position in delivering quality health outcomes while complying with evidence-based practices and patient empowerment. However, there are varied regulatory and ethical challenges persisting in using reproductive and genetic technologies associates with AI. These issues have the potential to develop drastic impact on patient safety and outcomes. Therefore, the present law reform will emphasise on one significant issue that holds the notion of ethical and legal challenge “Genetic Privacy and Consent”. Moreover, specific reform related to enhancing regulatory oversight and patient safety will be proposed.

Understanding Issue “Genetic Privacy And Consent”

Genetic information about an individual requires to be keep private and prior focus should be implied on maintaining the confidentiality of health status [2]. Privacy Act 1988 adheres with protecting confidential information regarding individuals [3]. Genetic information is considered as a type of data that possess personal information which is often categorised as sensitive information and therefore, it is essential to maintain the confidentiality of this data [4]. As per Australian Privacy Principles [APP] 11 entity is accountable for protecting personal information of an individual via prohibiting unauthorised access, modification and disclosure. The integration of AI in reproductive and genetic technologies comprised with allocation and processing of sensitive and personal data [5]. The current Australian Privacy laws such as Privacy Act 1988 [cth] is not fully addressing distinct challenge comprised with implementation of AI in healthcare. This is increasing the potential of risk related to data breaches and unauthorised access of genetic data.

The potential of AI system should be undertaken for secondary purpose instead of original intent of medical care. The Australian Public is concerned about misuse of genetic information and this significantly impact individuals through process [6]. Implication of AI in reproductive and genetic technologies such as; AI-assisted embryo selection and predictive genetic testing developing serious concern related to informed consent. During this procedure, patient depends upon healthcare professionals for interpreting AI-driven data and this impact their abilities in terms of undertaking informed decision regarding reproductive health [7]. From the research it is evident that patients are lacking in understanding typical AI algorithms that is used in their care that further results in misinformed consent. Majority of the individuals are not aware about biases which are inherent within these technologies and this lead to raise issues regarding informed choice and patient autonomy. Informed consent in healthcare articulates that patient should be given appropriate and clear information regarding their diagnosis and treatment options so they can undertake informed and right decision [8]. Consent is the right of individual and therefore the agreement should involve insights related to test, medicines, treatment and potential consequences. However, technology implication in reproductive and genetic health possesses significant challenge related to consent and privacy that ultimately impacts patient autonomy.

Consequences And Implication

Gene technology is expounded as a technique which has been undertaken for modification of genetic material or gene. The Patient Act 1990 [Cth] signifies that [s 18] “Human beings” and biological process related to generation should not be considered in patentable inventions [9]. The Australian Law Reform Commission specified that genetic technology regulation fundamentally emphasis on human dignity and patient must have higher level of control on their own genetic materials [10]. They should be made aware regarding genetic information and this is considered as personal information which must be kept private.

AI systems performs effectively when they are trained enough, historical biasness in the data specifically related to socioeconomic status, race and gender often prolong inequalities in reproductive health outcomes[11]. For instance- system has been trained to analyse genetic predispositions for specific community. This increases the risk of biasness and significantly impacts certain groups within society. Such type of disparities underpinning the importance of oversight mechanism that reduces differences and ensures equal treatment [12]. Failure in addressing algorithmic bias within reproductive technologies lead to result in discrimination towards certain communities such as LGBTQ+. Reproductive and genetic technologies present greater hope for people in relation to curing disease [13]. However, gene editing is still imprecise that can result in inadvertent and undesirable change to genome. Patients are unaware about this risk factor and this raises concerns regarding consent and health.

Regulatory Framework Gaps

Assisted Reproductive Treatment [ART] Act 2008 regulates the uses of ART and artificial insemination. On the other hand, Gene Technology Act 2000 aims to asses that scheme is maintaining the flexibility for dealing with future complexities [14]. However, this act is yet to comprehend with incorporation of AI. The collocation of rapid technological advancement and existing legal structure often leading to gaps and regulatory lag which further compromise with patient safety and ethical standards [15]. The National Health and Medical Research Council [NHMRC] published guidelines regarding Assisted Reproductive Technology [ART]. In accordance with this, ART activities require to be conducted in such manner that shows respect towards each individual instead of judging them [16]. Furthermore, decision making within clinical practice of ART should recognise the biological and social connections and the activities should be undertaken in such manner that minimise harm and maximise benefit of each individual.

The provisions of ART should be transparent and it must be underpinned by policies which supports efficient practices and enhances patient safety. However, healthcare professionals are often not trained in these areas and therefore, it creates barriers in the practical implication of the guidelines [17]. This results in raising privacy and consent concern for patient, therefore, it is essential to set a robust mechanism that prioritise ethical domain in technology law. The advancement of AI is developing support for patient with regards to identifying the complexities in reproductive health specifically during pregnancy[18]. However, it is developing risk related to breach of privacy, lack of patient awareness and biasness in AI algorithms that can create drastic impact on patient well-being. Henceforth, it is important to develop significant focus on this area so that ethical practices and decision making could be prioritised.

Recommendation For Law Reform

1. Establishing National AI Governance Framework

It is imperious to develop comprehensive national framework for governing AI incorporation in healthcare. Particular emphasis should be made on genetic and reproductive technologies, this framework should adhere with clear standards regarding consent process, data storge and greater understanding to patient should be facilitated so they can make informed decisions. The key components that should be include-

• Disclosing AI use and its application for quality patient care
• Regular audits of the AI algorithms should be done for assuring compliance related to ethical standards and this further support in mitigating biasness.
• Establishment of professional team for monitoring and regulating the usage of AI in reproductive and genetic technologies.

2. Informed Consent Standards For AI Implication

There is need to develop specific informed consent guidelines which addresses distinctions of AI-driven reproductive and genetic technologies [19]. It supports in increasing patient awareness regarding the diagnosis and treatment options. Furthermore, this will facilitate discussion concerning consequences of treatment. This must include-

• Providing education resources to patients that analyse benefits, limitations and risk of using reproductive technologies for their assessment and after the consent of patient technology should be used.
• Discussion with the patient should be undertaken and their opinions must be prioritised.
• The protocols for ensuring consent conversation requires to be robust that involves potential implication related to data usage and decision-making influence.

3. Enhancing Data Protection Regulations

Strengthening Privacy Act 1988 [Cth] and other similar legislation are important for safeguarding patient’s personal information and this can be achieved through-

• Implementation of consent protocols that assist in governing and using genetic information related to AI applications [20].
• The regular assessment related to security measures should be employed by healthcare professionals for AI-driven technologies.
• Training should be organised at the setting and staff members must be made aware regarding maintaining the confidentiality of patients.

4. Bias Mitigation Tactics

For addressing potential bias system in AI, it is pivotal to incorporate diverse dataset during training procedure [21]. It supports in enhancing the knowledge of professionals and further reduces risk related to breaching of privacy. This should be comprised with

• Establishment of guidelines for assuring that AI algorithms have been trained and presented in different dataset which minimise biasness [22].
• Implementing consistent audit process for monitoring AI implication so that barriers and limitations could be identified [23]. This results in providing equitable access to reproductive and genetic technologies.

Conclusion

The incorporation of AI within reproductive and genetic technologies presenting significant opportunities and challenges. There is need to imply focus on the complexities related to genetic privacy and consent, this helps in regulating these technologies in protective manner which ultimately ensure patient safety. The proposed law reform recommendation aiming to develop a robust framework which embrace technological advancement along with safeguarding ethical principles and patient autonomy. Hence, by considering the recommendations effectual strategies can be undertaken in the pursuit of reproductive and genetic technologies.