Cyfrowy sen Pigmaliona: zarys problematyki filozoficznoprawnej cyfrowych bliźniaków człowieka w zastosowaniach medycznych

This article aims to synthetically present the technological and social framework of a new groundbreaking Human Digital Twin (HDT) technology and to outline the key related legal-philosophical problems, including ontological and phenomenological aspects with regard to problem of legal subjectivity and status of HDT. Due to the universal nature of this technology and the breadth of related issues, the scope of discussion is limited to examples of applications in healthcare and medicine, with a presentation of opportunities and threats in this field. There is also an analysis of selected, most important, examples of potential ethical and legal problems that constitute a challenge for the existing and future regulation in such areas as privacy and data protection, quality and ownership of data, and patient’s autonomy. In conclusions, attention is drawn to the fact that changes resulting from this groundbreaking technology go beyond purely practical aspects and touch upon the philosophical foundations of the legal order. As such, HDT technology at the currently early stage of its development does not unequivocally determine the direction of change of the paradigm of legal humanism towards inclusive postmodermism or technological transhumanism. In this context, the emphasis is on the need to consider the phenomenological perspective of the HDT experience, which perspective may become the most important factor determining the possible conceptual changes in law and jurisprudence. Apart from the discussion, the article contains an extensive presentation of extant literature on HDT in the area of computer science. In legal literature there have not been any studies on HDT from the jurisprudential perspective so far.