애스크로AIPublic Preview
← 학술논문 검색
학술논문한양법학2024.08 발행

인공지능 규제를 위한 데이터 거버넌스의 변화: 유럽연합 건강정보 공간(EHDS)의 도입과 그 시사점

Reassessing Data Governance for Artificial Intelligence: Implication of European Health Data Space

안수찬(한양대학교 법학연구소)

35권 3호, 67~93쪽

초록

This article analyses the European Union Health Data Space (EHDS) and reassesses the necessity of AI Data Governance to respond to the new technology, Artificial Intelligence. Developing data science and data-based technologies bring about meaningful changes in every aspect of society. However, concerns are growing spontaneously about how to mitigate the potential risks of the proliferation of AI systems. In response to these issues, in March 2024, the EU parliament reached a political agreement to induce the first data infrastructure to ensure and facilitate the secondary use of data in the healthcare field. The introduction of the EHDS, with its primary purpose of facilitating the secondary use of data, is a significant step forward in AI regulatory governance. The significant features of EHDS show the EU's regulatory attempt to change AI data governance by introducing data public goods in the Healthcare field. In other words, unlike the dominant data governance that stands on a legal assumption that data is an asset, EHDS introduces a new framework of data commons governance, collecting individual data in a single data space under specific requirements and limited circumstances, and balancing against the value of public interest purposes. In light of this, the EHDS case shows the possibility and necessity of discussing expanding the social use of data based on the premise, that data is a public good.

Abstract

This article analyses the European Union Health Data Space (EHDS) and reassesses the necessity of AI Data Governance to respond to the new technology, Artificial Intelligence. Developing data science and data-based technologies bring about meaningful changes in every aspect of society. However, concerns are growing spontaneously about how to mitigate the potential risks of the proliferation of AI systems. In response to these issues, in March 2024, the EU parliament reached a political agreement to induce the first data infrastructure to ensure and facilitate the secondary use of data in the healthcare field. The introduction of the EHDS, with its primary purpose of facilitating the secondary use of data, is a significant step forward in AI regulatory governance. The significant features of EHDS show the EU's regulatory attempt to change AI data governance by introducing data public goods in the Healthcare field. In other words, unlike the dominant data governance that stands on a legal assumption that data is an asset, EHDS introduces a new framework of data commons governance, collecting individual data in a single data space under specific requirements and limited circumstances, and balancing against the value of public interest purposes. In light of this, the EHDS case shows the possibility and necessity of discussing expanding the social use of data based on the premise, that data is a public good.

발행기관:
한양법학회
DOI:
http://dx.doi.org/10.35227/HYLR.2024.8.35.3.67
분류:
법해석학

AI 법률 상담

이 논문의 주제에 대해 더 알고 싶으신가요?

460만+ 법률 자료에서 관련 판례·법령·해석례를 찾아 답변합니다

AI 상담 시작
인공지능 규제를 위한 데이터 거버넌스의 변화: 유럽연합 건강정보 공간(EHDS)의 도입과 그 시사점 | 한양법학 2024 | AskLaw | 애스크로 AI