Telemedicine and Artificial Intelligence: Opportunities and Risks for People with Vulnerabilities

This article explores the evolution of telemedicine from its early definitions in the late 20th century to its current integration with Artificial Intelligence (AI). Initially conceived as the practice of providing medical care at a distance through telecommunication systems, telemedicine has progressively embraced broader concepts, including monitoring, patient management, and education. In Italy, its expansion, supported by the Ministerial Commission for Telemedicine, has introduced innovations such as video calls and remote monitoring, overcoming geographical barriers and improving accessibility to healthcare. However, the integration of AI, accelerated by the COVID-19 pandemic, poses complex legal challenges. The article examines the approach of the European Union, through the Next Generation EU program and EU Regulation 2021/522, in empowering telemedicine to enhance access to healthcare services and reduce social inequalities. Crucial legal issues, such as civil liability and data protection, are also addressed in light of technological advancements. The analysis focuses on the new EU Regulation on AI, overlaying it with the GDPR, highlighting specific points of data protection at the national level. The use of sensitive data, especially health-related information, is particularly critical, requiring a balance between the AI Act and the GDPR. The article delves into challenges related to automated decisions and profiling, emphasizing the need to make the operation of AI systems understandable. It also addresses data security, exploring threats from cyberattacks and distinguishing between personal and non-personal data, considering the evolution of AI and Big Data. Finally, the article reflects on continuous learning in AI in telemedicine and underscores the importance of "Explainable AI" tools. The vulnerabilities of balancing technological progress and data protection are highlighted, emphasizing the need for adequate legal responses to ensure a sustainable future for AI-based telemedicine.