Skip to main content

Looking ahead, two risks dominate the agenda for global business leaders of digital health & wellness companies.

  • How to make safe and effectively use generative AI?
  • How to manage intellectual property (IP) theft?

Concern over trust and bias

  • Holy grail or Achilles heel?

    Digital healthcare executives see both opportunity and risk in AI and are proceeding with caution, despite trust and bias concerns. 

    The combination of biased humans and institutional datasets heightens the risk of algorithmic bias. For instance, race, ethnicity, and socioeconomic status already influence health outcomes due to institutional biases.5 If an algorithm results in poorer outcomes for these groups, it’s challenging to determine whether the bias is pre-existing, from the algorithm, or both.

    Deep learning algorithms offer benefits but pose substantial risks. Their "black box" nature makes it hard to understand how AI arrives at its conclusions, complicating bias identification and correction.

    As legislators increasingly recognise AI bias, so companies must exercise caution. To what extent can AI be trusted?

    In the US, support is growing for the Algorithmic Accountability Act[3], which would require companies to assess their AI for unfair, biased, or discriminatory outputs. Similar regulations are being proposed in Europe and China[4].

  • Interplay between AI and IP risks?

    The interplay between AI and IP issues is intricate and 79% of digital healthcare executives identify it as an issue going forward.4

    AI systems can generate new medical insights, diagnostic methods, and treatment plans, raising complex questions about ownership since traditional IP laws typically recognise only human creators.

    Infringement and liability issues are also significant, as determining responsibility for AI-driven IP violations by developers, users, or the AI itself - is complex. 
    As AI continues to advance, navigating these complexities is essential to foster innovation while safeguarding IP rights and patient data.

    “There is already a fair amount of allegations of plagiarism, misappropriation of trade secrets or infringement of copyright against tech companies including digital health businesses – both negligent and intentional. As we move forward, we need to be discussing the same with our Insureds and asking questions about what safeguards are in place to improve IP protection.”

    Keri Marmorek
    Claims Team Leader, Healthcare Claims, Beazley