The Use of LLMs in the Legal Design Process—Designing Effective Access to Health Data Under the EHDS and the GDPR

In this chapter, the authors discuss the possibility of improving access to health data. The individual’s right to access their own health data is well-established in the European Union in both the General Data Protection Regulation (GDPR) and the European Health Data Space (EHDS). Nevertheless, the question arises whether individuals can effectively practice their right to access their health data, as there may be obstacles regarding the understandability and the use of their health data. The authors investigate the possibilities to advance access to an individual’s health data, including the understandability and use, by applying a human-centered design method, particularly legal design combined with Large Language Models (LLMs). The chapter also briefly reviews LLMs in general and their use in health care to provide a more holistic picture of the situation, but mainly the authors illustrate LLMs implementation in the legal design process. As such, the authors consider whether the use of LLMs, combined with legal design can potentially improve an individual’s access to, understandability and use of their own health data under the GDPR and the EHDS. If so, this will also strengthen the compliance with the GDPR and the EHDS. The authors discuss the use of health data from a European perspective, but the legal design process, and some of the ideas can be applied more widely.