The landscape of consumer health and wellness technologies is experiencing significant regulatory shifts due to the emergence of artificial intelligence (AI) and machine learning applications. According to regulatory attorney Lily Li of Metaverse Law, these technologies often escape the purview of HIPAA, instead falling under new, stringent state privacy laws. Many organizations in this sector previously operated in an environment with minimal oversight, but this status quo is quickly changing.
Li highlighted various state privacy legislations, such as the California Consumer Privacy Act, Washington’s My Health, My Data Act, and Texas’s Data Privacy and Security Act. These laws govern the collection and dissemination of sensitive personal information, particularly healthcare-related data. In an interview with Information Security Media Group, Li expressed concern over how many technology companies utilizing AI in this previously unregulated domain will soon confront an array of unfamiliar privacy and security regulations.
The evolving regulatory landscape presents a complex patchwork of requirements that depend heavily on geographical factors, including where the organizations operate and where their consumers reside. Entities must recognize that under these new state laws, the combination of geolocation data with healthcare information is viewed as particularly sensitive, signaling a shift in the regulatory focus on data types and their associated risks.
During her interview, Li elaborated on several critical areas related to the implementation of AI in healthcare, touching on its application within customer service, administrative functions, and clinical settings. She emphasized vital privacy and security considerations necessary for the proper development and use of AI and machine learning technologies in healthcare. Additionally, Li addressed the complications surrounding privacy issues related to de-identified data when employing these technologies.
As the founder of Metaverse Law, established in 2018, Li has built her practice around a comprehensive understanding of artificial intelligence, privacy, and data protection regulations. Her advisory work spans significant frameworks including the California Consumer Privacy Act, the General Data Protection Regulation, and the National Institute of Standards and Technology AI Framework.
Given the complexities surrounding these evolving state laws, organizations in the tech and healthcare industries must navigate not just compliance but also the practical implications of these regulations on their operations. By understanding the nuances of the MITRE ATT&CK framework, businesses can better ascertain potential adversary tactics, such as initial access and privilege escalation, that may relate to these regulatory pressures. Failure to adapt could result in unforeseen vulnerabilities and risks, underscoring the importance of proactive compliance and strategic operational adjustments in response to the ongoing regulatory evolution.
As the landscape of privacy regulations continues to shift, stakeholders in consumer health technologies would do well to remain vigilant and informed, ensuring that they are adequately equipped to handle the comprehensive challenges posed by this rapidly changing environment.
