Liability of the Spanish Health Administration for the Use of Artificial Intelligence

The development of disruptive technologies such as artificial intelligence undoubtedly facilitates various human activities, but requires enormous efforts from legislative institutions to regulate these technologies in a way that guarantees the protection of people’s rights without hindering innovation. This paper, by analyzing each of the requirements identified by the Spanish judicial bodies for the determination of liability against the Public Administrations, demonstrates precisely the need to update this regime, specifically in the field of public health, since it is not designed to be applied to damages caused by artificial intelligence. In addition, this analysis contributes to the identification of certain key aspects that must be considered when designing a specific regulation under European Union directives and guidelines.