Lexpert Special Editions

Lexpert Special Edition on Tech and Sciences 2022

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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www.lexpert.ca 9 that there are a lot of malevolent actors out there," says Miller Olafsson, with the potential ability to hack into centralized systems as part of a ransomware attack or other threat. Even in its more basic uses, the potential of AI and machine learning is enormous. But the tricky part of using it in the health care sector is the need to have access to incredible amounts of data while at the same time understanding the sensitive nature of the data collected. "For artificial intel- ligence to be used in systems, procedures, or devices, you need access to data, and getting that data, particularly personal health informa- tion, is very challenging," says Carole Piovesan, managing partner at INQ Law in Toronto. She points to the devel- oping legal frameworks in Europe and North America for artificial intel- ligence and privacy legislation more generally. Lawyers working with start-up companies or "FOR ARTIFICIAL INTELLIGENCE TO BE USED IN SYSTEMS, PROCEDURES, OR DEVICES, YOU NEED ACCESS TO DATA, AND GETTING THAT DATA, PARTICULARLY PERSONAL HEALTH INFORMATION, IS VERY CHALLENGING" Carole Piovesan INQ LAW health care organizations to build AI systems must help them stay within the parameters of existing laws, says Piovesan, and provide guid- ance on best practices for whatever may come down the line and help them deal with the potential risks. Risk can take many forms, including the "human risk factor" behind these AI systems and whether they have the right talent trained to use them. "And then there is the governance structure needed to ensure that the system operates as intended. So I think lawyers have a huge role to play in the process of using AI wisely." Piovesan's partner at INQ, Mary Jane Dykeman, agrees. "ere must be confi- dence in the data itself. Is it clean? Is it usable? Is the data biased? And one assumes the data is legally obtained and meets privacy obligations." • CENTRE HOSPITALIER DE L'UNIVERSITÉ DE MONTRÉAL – developed a tool in collaboration with Gray Oncology to optimize appointment scheduling in radiation oncology and medical oncology. Tests show a reduced waiting time of 20 percent. • EASTERN HEALTH IN ST. JOHNS, NL – partnered with IBM to develop an AI- based mental health tool for health care workers. A chatbot interacts with users to make recommendations for support services. With its introduction, the number of employees accessing mental health services increased dramatically. • UNITY HEALTH TORONTO – using AI to manage staffing levels and triage acute patient care in the emergency room. After implementing its machine- learning platform, St. Michael's Hospital saw a 20 percent reduction in mortality among internal medicine patients. ARTIFICIAL INTELLIGENCE IN ACTION WITHIN CANADIAN HEALTH CARE

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