Accounting for EU external effects: from clinical trials to data colonialism to AI ethics dumping

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Authors: Hannah van Kolfschooten, Pramiti Parwani, Katrina S. Perehudoff
Cited by: 0
References: 47

Abstract

Abstract Against a backdrop of rapidly expanding health artificial intelligence (AI) development, this paper examines how the European Union’s (EU) stringent digital regulations may incentivise the outsourcing of personal health data collection to low- and middle-income countries (LMICs), fuelling a new form of AI ethics dumping. Drawing on parallels with the historical offshoring of clinical trials, we argue that current EU instruments, such as the General Data Protection Regulation (GDPR), Artificial Intelligence Act (AI Act) and Medical Devices Regulation, impose robust internal safeguards but do not prevent the use of health data collected unethically beyond EU borders. This regulatory gap enables data colonialism, whereby commercial actors exploit weaker legal environments abroad without equitable benefit-sharing. Building on earlier EU responses to ethics dumping in clinical trials, we propose legal and policy pathways to prevent similar harms in the context of AI.

Fields of Study & Subjects

Artificial Intelligence in Healthcare and Education Ethics and Social Impacts of AI COVID-19 Digital Contact Tracing

Publication details

Journal / source
International Journal of Law in Context
Volume
22
Issue
1
Pages
45–59
Publication date
9 January 2026
Language
EN