In recent years, AI has rapidly evolved as a transformative tool in healthcare, enhancing diagnostics, personalising treatment, and improving patient outcomes. However, the use of health data for AI development brings substantial legal and ethical challenges.

One of the fundamental issues in using health data for AI development is the tension between innovation and individual privacy. Privacy apprehensions are particularly strong when it comes to sensitive health data being shared across borders, as this can increase the risk of misuse and unauthorised access.

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The surge in AI applications within healthcare has prompted new regulatory trends. Many US states are introducing AI-specific legislation, each setting distinct standards and requirements for data handling, privacy, and cybersecurity. National security is also a pressing issue, with the Biden administration highlighting the potential risks associated with health data being shared and leaving the country.

President Joe Biden’s executive order on AI, signed on 30 October 2023, aims to establish a comprehensive framework for safe and ethical AI development. Key parts of the executive order include guiding AI research and development (R&D), ensuring data privacy, safeguarding national security, and mitigating bias in AI systems.

Privacy regulations are fragmented across states, as each has its own set of consumer protection laws. Some states such as California have enacted strict laws that place limitations on the use of personal data while others have minimal regulations. This fragmented landscape complicates compliance for companies operating nationwide, making it difficult to standardise data practices.

In contrast, President-elect Donald Trump’s platform, as outlined at the recent Republican National Convention, frames Biden’s executive order as “dangerous,” claiming it imposes “radical leftwing ideas” on AI development. Trump’s stance implies that Biden’s executive order is overly restrictive and that the ideological elements it encompasses could hinder the US’ competitive edge in AI innovation.

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During Trump’s first term as president, AI policy was not a central focus, although he did sign an executive order in 2019, marking the first US federal initiative to prioritise AI. This directive encouraged federal agencies to invest in AI R&D, emphasising a strategic interest in maintaining the US’ global technological leadership. At the time, tech experts called for a more robust US AI strategy, particularly as other countries, including members of the European Union, were developing comprehensive national AI plans.