Flexible Regulation for Dynamic Products? The Case of Applying Principles-Based Regulation to Medical Products Using Artificial Intelligence

Publication Title

Law, Innovation and Technology

Document Type

Article

Publication Date

2022

Abstract

Emerging technologies including artificial intelligence (AI) enable novel products to have dynamic and even self-modifying designs, challenging approval-based products regulation. This article uses a proposed framework by the US Food and Drug Administration (FDA) to explore how flexible regulatory tools, specifically principles-based regulation, could be used to manage ‘dynamic’ products. It examines the appropriateness of principles-based approaches for managing the complexity and fragmentation found in the setting of dynamic products in terms of regulatory capacity and accountability, balancing flexibility and predictability, and the role of third parties. The article concludes that successfully deploying principles-based regulation for dynamic products will require taking serious lessons from the global financial crisis on managing complexity and fragmentation while placing equity at the centre of the framework.

Recommended Citation

Walter G. Johnson, Flexible Regulation for Dynamic Products? The Case of Applying Principles-Based Regulation to Medical Products Using Artificial Intelligence, 14 Law, Innovation & Tech. 205 (2022).

DOI

10.1080/17579961.2022.2113665

Volume

14

Issue

2

First Page

205

Last Page

236

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