Why AI healthcare use in Africa needs urgent regulation

At scale, AI technologies, for instance, thrive on large datasets for training and optimisation, yet many African countries lack the necessary data infrastructure to collect, store and analyse information effectively.

Concerns about data privacy and ownership may also deter organisations from sharing data, further restricting the availability of quality datasets. Additionally, computational resources required for AI applications, such as cloud computing platforms, can be costly and beyond the reach of many organisations in developing countries, further limiting their effective use and access.

Consequently, many African countries lack policies to direct e-health development and dissemination in public hospitals, affecting digital health adoption. The progression of technology frequently outpaces regulatory frameworks, which can hinder the adoption of digital health transformation.

Yet, AI systems have the potential to worsen already-existing inequities, promote prejudices, bias, lack of explainability and contribute to social and economic inequality if they are not properly regulated.

For instance, underdeveloped AI algorithms may unfairly impact underprivileged communities more than others, producing bias. In particular, AI in the healthcare sector raises pertinent policy and societal concerns, particularly on the need for privacy, security and safety.

There is the risk of AI making erroneous decisions, the question of accountability when AI is used to support decision-making, challenges in validating AI outputs and the potential for inherent bias in the data used to train AI systems.

Concerns have equally arisen around security and privacy of potentially sensitive data, securing public trust in the development and use of the technology, the potential for social isolation, effects on people’s sense of dignity and the possibility of AI being misused.

Legal liability is another issue that requires clarification. Several complex legal challenges and risks have to be considered as the implementation of AI in healthcare settings increases. An area of r concern is the attribution of legal liability when patient safety is compromised owing to the use of AI in patient care and treatment.

No doubt, therefore, the use of AI algorithms in healthcare, highlights the need for proper regulations. Without such regulations, there is a risk of sensitive medical information being misused or accessed without authorisation.

To overcome these challenges, there is an urgent need to accelerate ongoing improvements in African AI infrastructure, particularly in electricity and internet accessibility, which could help in the generation and analysis of reliable data, required for advanced automation of processes that have to do with patient care.

Building a strong digital infrastructure is a fundamental part of any AI policy framework to support AI applications, and this entails making investments in data centres, cloud computing infrastructure and high-speed internet connectivity. To ensure that all citizens benefit from the digital economy, governments must give the construction of telecommunications infrastructure top priority.

Africa also experiences a persistent shortage of healthcare workers, with even fewer skilled in AI and machine learning. Effective AI adoption requires trained individuals such as data scientists, health informaticians and clinicians adept in digital technologies.

Fundamentally, there is need for AI models to be trained and organised under a robust legal and regulatory framework, to meet the public health systems of Africa. That includes incorporating the capacity for handling several ethical challenges that must be addressed for AI deployment in Africa’s healthcare systems to work effectively.

Key concerns include safeguarding data privacy, ensuring the provision of personalised care and guaranteeing equitable access to AI technologies.

Globally, the regulation of AI generally is still in its fragmented stages, most countries have begun developing a governance policy and regulations for the implementation of AI in different sectors, including the health sector.

While some still depend on ancillary regulatory frameworks such as data protection, digital health, consumer protection and intellectual property, there have been significant improvements in recent years. The European Union (EU) has taken a pioneering step by enacting the EU AI guidelines.

In Africa, the AI regulatory landscape is nascent and still evolving. A recent study covering 12 countries, including Nigeria, South Africa and Kenya, found no specific AI legislation, with AI adoption guided by related frameworks like data protection and intellectual property.
Nevertheless, there is a growing need for AI-focused regulations.

For instance, in Nigeria, existing laws like the National Health Act, Cybercrimes Act and National Data Protection Act provide some oversight, but a report recently revealed that a draft national AI policy is forthcoming.

While South Africa is considered to be lagging in AI development and regulation, Kenya has introduced a Bill to establish the Kenya Robotics and Artificial Intelligence Society, while Nigeria is set to unveil a national framework to regulate AI technology.

The World Health Organisation (WHO) stresses the value of transparency and documentation to build trust in AI systems among developers, manufacturers and end-users. To achieve this, WHO recommends comprehensive documentation of the product life cycle and development processes to help prevent data biases and manipulation.

Further, WHO advises a holistic risk-based approach throughout the product life cycle, encompassing and post-market deployment. Based on WHO’s key regulatory considerations, it is clear that a robust legal framework for AI is sorely needed in African countries, where healthcare systems face unique challenges.

The establishment of a comprehensive AI policy framework is paramount for harnessing the transformative potential of AI in developing countries.

Such frameworks provide the necessary structure to guide the responsible development, deployment and regulation of AI technologies, ensuring they align with national priorities and societal needs.

A well-crafted policy framework can address critical issues— including data governance, ethical considerations and the promotion of inclusivity. AI holds immense potential to transform healthcare in Africa, but this potential can only be fully realised with a clear legal framework that promotes innovation, while protecting patient rights, data privacy, and public health.

Drawing on WHO’s regulatory guidelines, African nations must collaborate, foster public-private partnerships and develop certification processes to ensure AI innovation is safe and effective.

Dr Aluoch is a consultant physician