RWK Goodman: GDPR and AI in the Care Sector - What Care Providers Need to Know

With technological developments advancing and care providers increasingly exploring the use of Artificial Intelligence (AI) to improve services, it is crucial to understand the implications of the General Data Protection Regulations (GDPR).

Whilst AI can support better outcomes and efficiency – from predicting falls to streamlining administrative tasks – these benefits come with serious responsibilities around data protection.

In health and social care, providers are handling some of the most sensitive personal data such as health records, care plans, medication details, and even behavioural data. Under GDPR, this is “special category data” and requires extra care. Before implementing any AI solutions, it is essential to be clear on how this data is collected, used, stored, and shared.

Transparency

GDPR requires you to inform service users how their data will be processed – especially if AI is involved in decisions about their care. For example, if a tool helps assess risk or prioritise care tasks, individuals (or their representatives) must understand what data is used and how the outcomes are reached.

Consent and control

While not always required for health and care services, explicit consent is necessary if data is used beyond direct care – like predictive analysis. You must also ensure that users have the right to object to automated decision-making or request human review, especially where decisions have a meaningful impact on their care.

Keep data minimal and secure

Whilst AI tech thrives with large amounts of data, GDPR insists on data minimisation, that is only collecting what’s necessary for the stated purpose. That data must also be held securely with proper data-sharing agreements and privacy safeguards in place.

Conduct a Data Protection Impact Assessment (DPIA)

Before launching any AI system a DPIA should be conducted. That exercise should help you to identify risks, assess necessity, and put appropriate controls in place. You may also need to appoint a Data Protection Officer (DPO) if your organisation routinely processes large volumes of sensitive data.

In short, AI can offer major efficiencies and enhance care quality – but only care providers lead with ethics, transparency, and compliance. Getting this balance right helps build trust with service users, regulators, and families – and ensures your innovations stand on firm legal ground.