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February 25, 2025 Get the SciTech Edge

Membership & Diversity Committee News

Sandya Venugopal and Sarah Beth Cain

Summary

  • The misuse of personal health data can potentially lead to discrimination, stigmatization, and the denial of care.
  • The government and private businesses have access to sensitive health information that puts patients’ privacy at risk.
  • The authors offer strategies that health care organizations can employ to create fairer and more equitable AI systems.

Health law addresses data privacy, malpractice, and regulatory compliance to protect the rights of individuals and entities within the health care system. To ensure equitable health care services, the law must provide clear guidelines for safeguarding the privacy of historically marginalized groups and regulating the use of artificial intelligence.

Data Privacy

Underrepresented populations are particularly susceptible to discrimination and social stigma resulting from inadequate data protections. As technology advances, these risks intensify, yet the law has failed to keep pace. Many from historically marginalized communities are increasingly concerned about the protection of their rights in light of these evolving threats The misuse of personal health data can potentially lead to discrimination, stigmatization, and the denial of care.

Since the Supreme Court’s decision to eliminate the constitutional right to an abortion in 2022, the security of women’s sensitive health information has become increasingly vulnerable. In the wake of this ruling, concerns have grown over the collection of personal data by private companies and government agencies. The potential disclosure of such data—including location, sexual orientation, sexual activities, gender identity, or pregnancy status—poses significant risks to the health and safety of underrepresented groups. It is therefore imperative for the law to establish robust protections that safeguard private health information and prevent its misuse.

Artificial Intelligence

Mitigating algorithmic bias in AI is crucial to ensure fairness and equity in AI-driven decisions. Some effective strategies are:

  1. Data Preprocessing: Ensuring that the training data is representative of diverse populations is essential. This can involve techniques like data augmentation, where additional data from underrepresented groups is added to the training set.
  2. Algorithmic Transparency and Explainability: Developing AI models that are interpretable and explainable helps in understanding how decisions are made. This transparency allows for the identification and correction of biased outcomes.

Regular Auditing and Monitoring: Continuous monitoring and auditing of AI systems can help detect and address biases as they arise. This involves regularly testing the AI models against new data to ensure they remain fair and unbiased.

Diverse Development Teams: Having a diverse team of developers can bring different perspectives and reduce the likelihood of biases being inadvertently built into AI systems.

Ethical Guidelines and Standards: Implementing and adhering to ethical guidelines and standards for AI development can help ensure that fairness and equity are prioritized throughout the AI lifecycle.

User Feedback and Redress Mechanisms: Incorporating feedback from users and providing mechanisms for redress can help identify and mitigate biases that may not have been apparent during the development phase.

By implementing these strategies, (health care) organizations can work towards creating AI systems that are fairer and more equitable, ultimately benefiting a broader range of users.

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    Sandya Venugopal

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    Sandya Venugopal, MD is a neurosurgeon-scientist, dedicated to working at the intersection of policy and advocacy, navigating the legal, regulatory, technological, and ethical challenges in her quest to make the world a more equitable place. She holds multiple leadership roles within the ABA and provides biomedical consultation globally.

    Sarah Beth Cain

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    Sarah Beth Cain is currently an intellectual property attorney in Charlotte, North Carolina. She is a co-chair of the MAD Committee and a vice-chair of the Scientific Evidence Committee.