The European Union’s Artificial Intelligence Act and Trust: Towards an AI Bill of Rights in Healthcare?

The AI Act adopts a risk-based regulatory framework, categorizing AI systems according to the level of risk they present and imposing corresponding regulatory requirements. While the regulation aims to cultivate trust by focusing on risk mitigation, it has faced criticism for its insufficient attention to the ethical and relational factors that are crucial for establishing genuine trust, especially within healthcare settings. In healthcare, trust encompasses a complex network of relationships involving patients, providers, and regulatory bodies, and is influenced by personal interactions, transparency, ethical practices, and the perceived intentions behind AI technologies and their implementers. This paper argues that trust in AI could be better fostered in healthcare through a Bill of Rights for AI that explicitly incorporates trust-building measures into the regulatory framework. Such an initiative could clarify the role and expectations of AI in healthcare, making it more trustworthy for both patients and healthcare providers.