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    Regulierung von autonomen Robotern - Angewendet auf den Einsatz von autonomen Medizinrobotern: Eine datenschutzrechtliche und medizinprodukterechtliche Untersuchung
    (Universität St. Gallen, 2021)
    Autonomous medical robots are data-, network- and cloud-based medical devices, which are mainly regulated by data protection and medical device law. They reveal impressive opportunities, but also give rise to considerable risks that are amenable to legal control. This thesis examines the extent to which legal forms and legal instruments of data protection and medical device law are suitable to enable opportunities from autonomous medical robots and at the same time to minimize the risks of autonomous medical robots. This study is thus based on a reciprocal legal concept, which demonstrates the need to supplement the instrumental choice in data protection and medical device law. In fact, the identified deficits (in the form of possible loss of options and/or possible reduction of public welfare) can be transferred to a normative approach. Legal instruments of the Risk-Based Approach, which originates from the «common law», can make a (limited) contribution to overcoming the identified deficits. Therefore, it is not surprising this thesis pleads for the applicability and enactment of risk-based legal instruments in order to facilitate a science-based regulation of autonomous medical robots.
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