NHSX recently published “A Buyer’s Checklist for AI in Health and Care” (Guidance) that sets out 10 key questions which will be of use to parties deploying AI solutions or conducting data driven projects (in a health and care setting or otherwise).  For example, the Guidance highlights:

  • key data-related considerations, such as can the outcome of AI solutions trained on a given dataset be validated against other data, accounting for bias in training data, and reflecting the value of data as an input to an AI product in commercial terms; and
  • the importance of assessing regulatory considerations at the outset of a digital health project, such as the potential need for a research ethics committee approval, a CE mark (if a medical device is to be used in the project), and a data protection impact assessment.

The Guidance’s 10 questions are:

  1. Is AI the right solution for the type of problem you need to solve?
  2. Can this technology be procured through a transparent, fair, competitive process?
  3. Can this product do what it claims it can?
  4. Are the users of this product primed to use it?
  5. Does this product meet regulatory standards?
  6. What information sharing and data protection protocols would need to be in place to comply with your information governance policy?
  7. What agreements should you put in place to protect any intellectual property generated by your organisation through its use of this AI product?
  8. Do you have the necessary storage and computing requirements?
  9. Will your existing systems work effectively alongside the new technology to ensure a clear and reliable workflow?
  10. Can you manage the maintenance burden of this new technology?