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Google’s DeepMind Runs Afoul Of UK Regulators Over Patient Data Access

Posted on July 20, 2017 I Written By

Anne Zieger is veteran healthcare consultant and analyst with 20 years of industry experience. Zieger formerly served as editor-in-chief of FierceHealthcare.com and her commentaries have appeared in dozens of international business publications, including Forbes, Business Week and Information Week. She has also contributed content to hundreds of healthcare and health IT organizations, including several Fortune 500 companies. Contact her at @ziegerhealth on Twitter or visit her site at Zieger Healthcare.

Back in February, I recounted the tale of DeepMind, a standout AI startup acquired by Google a few years ago. In the story, I noted that DeepMind had announced that it would be working with the Royal Free London NHS Foundation Trust, which oversees three hospitals, to test out its healthcare app

DeepMind’s healthcare app, Streams, is designed to help providers kick out patient status updates to physicians and nurses working with them. Under the terms of the deal, which was to span five years, DeepMind was supposed to gain access to 1.6 million patient records managed by the hospitals.

Now, the agreement seems to have collapsed under regulatory scrutiny. The UK’s data protection watchdog has ruled that DeepMind’s deal with the Trust “failed to comply with data protection law,” according to a story in Business Insider. The watchdog, known as the Information Commissioner’s Office (ICO), has spent a year investigating the deal, BI reports.

As it turns out, the agreement empowered the Trust hospitals to share the data without the patients’ prior knowledge, something that presumably wouldn’t fly in the U.S. either. This includes data, intended for use in developing the Streams’ app kidney monitoring technology, which includes info on whether people are HIV-positive, along with details of drug overdoses and abortions.

In its defense, DeepMind and the Royal Free Trust argued that patients had provided “implied consent” for such data sharing, given that the app was delivering “direct care” to patients using it. (Nice try. Got any other bridges you wanna sell?) Not surprisngly, that didn’t satisfy the ICO, which found several other shortcomings and how the data was handled as well.

While the ICO has concluded that the DeepMind/Royal Free Trust deal was illegal, it doesn’t plan to sanction either party, despite having the power to hand out fines of up to £500,000, BI said. But DeepMind, which set up his own independent review panel to oversee its data sharing agreements, privacy and security measures and product roadmaps last year, is taking a closer look at this deal. Way to self-police, guys! (Or maybe not.)

Not to be provincial, but what worries me about this is less the politics of UK patient protection laws, and bore the potential for Google subsidiaries to engage in other questionable data sharing activities. DeepMind has always said that they do not share patient data with its corporate parent, but while this might be true now, Google could do incalculable harm to patient privacy if they don’t maintain this firewall.

Hey, just consider that even for an entity the size of Google, healthcare data is an incredibly valuable asset. Reportedly, even street-level data thieves pay 10x for healthcare data as they do for, say, credit card numbers. It’s hard to even imagine what an entity the size of Google could do with such data if crunched in incredibly advanced ways. Let’s just say I don’t want to find out.

Unfortunately, as far as I know U.S. law hasn’t caught up with the idea of crime-by-analytics, which could be an issue even if an entity has legal possession of healthcare data. But I hope it does soon. The amount of harm this kind of data manipulation could do is immense.

The Healthcare AI Future, From Google’s DeepMind

Posted on February 22, 2017 I Written By

Anne Zieger is veteran healthcare consultant and analyst with 20 years of industry experience. Zieger formerly served as editor-in-chief of FierceHealthcare.com and her commentaries have appeared in dozens of international business publications, including Forbes, Business Week and Information Week. She has also contributed content to hundreds of healthcare and health IT organizations, including several Fortune 500 companies. Contact her at @ziegerhealth on Twitter or visit her site at Zieger Healthcare.

While much of its promise is still emerging, it’s hard to argue that AI has arrived in the health IT world. As I’ve written in a previous article, AI can already be used to mine EMR data in a sophisticated way, at least if you understand its limitations. It also seems poised to help providers predict the incidence and progress of diseases like congestive heart failure. And of course, there are scores of companies working on other AI-based healthcare projects. It’s all heady stuff.

Given AI’s potential, I was excited – though not surprised – to see that world-spanning Google has a dog in this fight. Google, which acquired British AI firm DeepMind Technologies a few years ago, is working on its own AI-based healthcare solutions. And while there’s no assurance that DeepMind knows things that its competitors don’t, its status as part of the world’s biggest data collector certainly comes with some advantages.

According to the New Scientist, DeepMind has begun working with the Royal Free London NHS Foundation Trust, which oversees three hospitals. DeepMind has announced a five-year agreement with the trust, in which it will give it access to patient data. The Google-owned tech firm is using that data to develop and roll out its healthcare app, which is called Streams.

Streams is designed to help providers kick out alerts about a patient’s condition to the cellphone used by the doctor or nurse working with them, in the form of a news notification. At the outset, Streams will be used to find patients at risk of kidney problems, but over the term of the five-year agreement, the developers are likely to add other functions to the app, such as patient care coordination and detection of blood poisoning.

Streams will deliver its news to iPhones via push notifications, reminders or alerts. At present, given its focus on acute kidney injury, it will focus on processing information from key metrics like blood tests, patient observations and histories, then shoot a notice about any anomalies it finds to a clinician.

This is all part of an ongoing success story for DeepMind, which made quite a splash in 2016. For example, last year its AlphaGo program actually beat the world champion at Go, a 2,500-year-old strategy game invented in China which is still played today. DeepMind also achieved what it terms “the world’s most life-like speech synthesis” by creating raw waveforms. And that’s just a couple of examples of its prowess.

Oh, and did I mention – in an achievement that puts it in the “super-smart kid you love to hate” category – that DeepMind has seen three papers appear in prestigious journal Nature in less than two years? It’s nothing you wouldn’t expect from the brilliant minds at Google, which can afford the world’s biggest talents. But it’s still a bit intimidating.

In any event, if you haven’t heard of the company yet (and I admit I hadn’t) I’m confident you will soon. While the DeepMind team isn’t the only group of geniuses working on AI in healthcare, it can’t help but benefit immensely from being part of Google, which has not only unimaginable data sources but world-beating computing power at hand. If it can be done, they’re going to do it.