Open Access

Andrea Ruppert, Domenik Henning Wendt

• The advancing use of modern technology in nursing care, especially the development of technicalThe advancing use of modern technology in nursing care, especially the development of technical assistance systems through robotics, digitization and Artificial Intelligence (Al), can open up new opportunities for those affected. At the same time, however, the use of these technologies also carries risks for this group of people, especially for their fundamental right to informational self-determination, due to the extensive processing of personal data. This article describes the risks for data subjects and explains the current legal framework regarding the protection of personal data in the European Union. The authors conclude, that applying data protection and data security to technical assistance systems, robots and Al from the beginning not only leads to legally compliant practices but also strengthens the trust of users and society as a whole in the use of these systems. The use of Al-based systems raises further (legal} questions that go beyond data protection and data security. The authors first address the various definitions of the term „Artificial Intelligence” in the academic literature. They then describe the European Union’s various regulatory approaches to the use of Al starting with the European Commission's “Strategy for Artificial Intelligence” published in 2018, followed by the “Al White Paper” published in 2020 and ending with the European Commission’s proposal for a Regulation laying down harmonized Rules on Artificial Intelligence- Artificial Intelligence Act (AIA) published in April 2021. Here, in particular, aspects of „scope“, „transparency” and „impact on the healthcare sector” will be examined in more detail and the still necessary need for legal policy discussion will be highlighted.…