Direct-to-Consumer Medical Machine Learning and Artificial Intelligence Applications

Nat Mach Intell 3, 283–287 (2021). https://doi.org/10.1038/s42256-021-00331-0

Posted: 8 Jul 2021

See all articles by Boris Babic

Boris Babic

Independent

Sara Gerke

University of Illinois College of Law

Theodoros Evgeniou

INSEAD

I. Glenn Cohen

Harvard Law School

Date Written: April 20, 2021

Abstract

Direct-to-consumer medical artificial intelligence/machine learning applications are increasingly used for a variety of diagnostic assessments, and the emphasis on telemedicine and home healthcare during the COVID-19 pandemic may further stimulate their adoption. In this Perspective, we argue that the artificial intelligence/machine learning regulatory landscape should operate differently when a system is designed for clinicians/doctors as opposed to when it is designed for personal use. Direct-to-consumer applications raise unique concerns due to the nature of consumer users, who tend to be limited in their statistical and medical literacy and risk averse about their health outcomes. This creates an environment where false alarms can proliferate and burden public healthcare systems and medical insurers. While similar situations exist elsewhere in medicine, the ease and frequency with which artificial intelligence/machine learning apps can be used, and their increasing prevalence in the consumer market, calls for careful reflection on how to effectively regulate them. We suggest regulators should strive to better understand how consumers interact with direct-to-consumer medical artificial intelligence/machine learning apps, particularly diagnostic ones, and this requires more than a focus on the system’s technical specifications. We further argue that the best regulatory review would also consider such technologies’ social costs under widespread use.

Keywords: Artificial Intelligence, Machine Learning, Direct-to-Consumer, Apps

JEL Classification: I1, K

Suggested Citation

Babic, Boris and Gerke, Sara and Evgeniou, Theodoros and Cohen, I. Glenn, Direct-to-Consumer Medical Machine Learning and Artificial Intelligence Applications (April 20, 2021). Nat Mach Intell 3, 283–287 (2021). https://doi.org/10.1038/s42256-021-00331-0, Available at SSRN: https://ssrn.com/abstract=3881446

Boris Babic

Independent ( email )

United States

Sara Gerke

University of Illinois College of Law ( email )

504 E Pennsylvania Ave
Champaign, IL 61820
United States

Theodoros Evgeniou

INSEAD ( email )

Boulevard de Constance
77305 Fontainebleau Cedex
France

I. Glenn Cohen (Contact Author)

Harvard Law School ( email )

1525 Massachusetts Avenue
Griswold Hall 503
Cambridge, 02138
United States

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