Regulating AI-Driven Triage: Fundamental Rights and Compliance Challenges in the European Union

Emergency triage is a critical healthcare action that could be improved through the use of artificial intelligence (AI) systems, as these have been shown to achieve accuracy rates of approximately 70–90% for LLMs and AUC values ranging from 0.75 to 0.95 for common AI models. However, these systems face challenges related to the rights and interests of the individuals involved. The European Union’s normative framework, including not only data protection regulations but also the AI Act and medical device regulations, imposes conditions on the use of AI, and these are analyzed here. Our conclusions reveal that Article 22 of the General Data Protection Regulation (GDPR) makes it difficult to justify the establishment of fully automated decision-making models for triage. That accountability obligations for implementers (Fundamental Rights Impact Assessments: FRIAs) and data controllers (data protection impact assessments: DPIAs) can contribute to better design of AI-based decision-making in triage. Furthermore, with regard to the information rights set out in the GDPR, these have been complemented by the right to an explanation under Art. 86 AI Act in the use of high-risk AI systems. Unfortunately, regulation relating to general-purpose AI models may create some gaps in this framework. The implementation of AI systems for automated decision-making in triage has the potential to improve medical care, but their use requires clarification of applicable regulations and safeguards for patients’ rights.

Authors

Institutions

Publication Details

Journal
AI
Published
2026-03-02
DOI
https://doi.org/10.3390/ai7030086
Primary Topic
Artificial Intelligence in Healthcare and Education
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Regulating AI-Driven Triage: Fundamental Rights and Compliance Challenges in the European Union

Josu Maiora, Iñigo Roldán de Miguel, Guillermo Lazcoz, Begoña Sanz
AI
Artificial Intelligence in Healthcare and Education
article

Regulating AI-Driven Triage: Fundamental Rights and Compliance Challenges in the European Union

Josu Maiora, Iñigo Roldán de Miguel, Guillermo Lazcoz, Begoña Sanz
article en

Abstract

Emergency triage is a critical healthcare action that could be improved through the use of artificial intelligence (AI) systems, as these have been shown to achieve accuracy rates of approximately 70–90% for LLMs and AUC values ranging from 0.75 to 0.95 for common AI models. However, these systems face challenges related to the rights and interests of the individuals involved. The European Union’s normative framework, including not only data protection regulations but also the AI Act and medical device regulations, imposes conditions on the use of AI, and these are analyzed here. Our conclusions reveal that Article 22 of the General Data Protection Regulation (GDPR) makes it difficult to justify the establishment of fully automated decision-making models for triage. That accountability obligations for implementers (Fundamental Rights Impact Assessments: FRIAs) and data controllers (data protection impact assessments: DPIAs) can contribute to better design of AI-based decision-making in triage. Furthermore, with regard to the information rights set out in the GDPR, these have been complemented by the right to an explanation under Art. 86 AI Act in the use of high-risk AI systems. Unfortunately, regulation relating to general-purpose AI models may create some gaps in this framework. The implementation of AI systems for automated decision-making in triage has the potential to improve medical care, but their use requires clarification of applicable regulations and safeguards for patients’ rights.

AIVol. 7(3)
Ikerbasque (ES), University of the Basque Country (ES), BioCruces Health research Institute (ES), Centre for Biomedical Network Research on Rare Diseases (ES), Centro de Investigación Biomédica en Red (ES), Universidad Autónoma de Madrid (ES)
Peace, Justice and strong institutions
Openalex Percentile: Top 40%
Artificial Intelligence in Healthcare and Education
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Regulating AI-Driven Triage: Fundamental Rights and Compliance Challenges in the European Union — Josu Maiora, Iñigo Roldán de Miguel, et al. · AI (2026) | TGRS Research Map | TGRS