Development of a digital risk-prediction tool based on family health history for the general population: legal and ethical challenges (Preprint)

UNSTRUCTURED Cardiovascular diseases, both inherited and familial, indicate a risk of early and preventable cardiovascular events for relatives of affected individuals. A digital risk-prediction tool that enables general population individuals to evaluate their cardiovascular risk based on family health history could be a responsible approach to facilitate early detection and improve public health, but development and use of such a tool is not without legal and ethical challenges. At the start of tool development, experts mapped it’s legal and ethical framework and concluded that especially European Union (EU) regulations present potential obstacles for its development, broader availability and general use. A first example is that the EU General Data Protection Regulation does not allow the tool to collect health data about relatives without their consent; the alternative is data anonymisation. This requirement has major consequences for the tool’s usefulness and raises ethical concerns about who ‘’the owner’’ is of family data. A second example is related to the EU’s Medical Device Regulation: if software generates health risks or provides medical advice, it requires a CE mark from a ‘notified body’, an extensive and costly procedure. In this article, we describe these challenges in more detail and discuss possible solutions. In conclusion, alongside national law, European law can impact on the development of digital tools that collect family health data to provide information on health risks. We recommend including experts in law and ethics in developmental stages of such tools which are likely to become more frequent in routine public care.