Portrait of a code master in the world of AI

Marguerite Brac de la Perrière plunged into the world of artificial intelligence after starting her career in healthcare law. Her career took a major turn when Orange invited her to digitise this sector, particularly for the African continent. The experience was a wake-up call: technology wasn't just changing working practices, it was changing the entire healthcare sector.

Seizing the opportunity offered by Orange, Marguerite foresaw the immense potential of digital health back in 2009, long before the COVID-19 pandemic highlighted its importance. A firm believer in the transformative power of AI, particularly in radiology and biology, she invested in the field and developed an expertise that led her to join Fieldfisher as a partner in 2023 after working in several companies, including 10 years at Alain Bensoussan Lexing, where she led the digital health practice. At Fieldfisher, she navigates the legal and ethical challenges of digital and AI, advising clients on the path to responsible innovation, particularly in healthcare.

"From medtechs to clinical groups, industry and the press, I provide strategic advice to a wide range of clients on data protection, regulatory compliance and IT contracts. Specialising in advanced digital technologies such as AI, I also support them through compliance audits, scrutiny or crises, particularly in relation to data breaches."

Navigating a regulatory ocean

Marguerite's commitment to AI is the result of deep reflection on its potential.

"I quickly realised that AI is not only a technological revolution, but also a human and ethical one. We need to shape this technology so that it serves the common good" she says.

She believes that AI can have a positive impact on many aspects of our lives, provided it is used responsibly. But regulating it, especially in the sensitive area of healthcare, is a real headache.

"Every technological advance brings its own set of regulatory challenges," Marguerite explains. "My role is to navigate this ocean of complexity to find a safe path for responsible innovation. We need to find a form of governance that is not hegemonic".

Her passion for this work shines through when she discusses the nuances of the European AI law, a subject she masters with remarkable acuity. You can sense the soul of the teacher, who works as a specialist in digital health at the University of Paris 8 and the Institute for Intelligent Health (INeS).

"The AI law aims to establish a framework so that Europeans can have confidence in the use of artificial intelligence authorised within the European Union. These objectives are:"

• A single legal framework for the development, marketing, placing in service and use of AI systems in the EU
• Prohibition of practices
• Specific requirements for high-risk AI systems and their operators
• Transparency requirements for specific AI system
• Harmonised rules for the marketing of general-purpose AI models
• Promote the adoption of human-centred and trustworthy AI that ensures a high level of protection of health and fundamental rights and supports innovation.
• Ensure the free movement of AI-based goods and services within the EU (with no restrictions by Member States on the development, marketing and use of AI systems).

What have been your biggest challenges?

"With AI, the challenges are constant," Marguerite tells me. "The universal search for data often outstrips the understanding of its real usefulness. So the real challenge is to regulate it, while maintaining the flexibility needed for innovation. It's essential to facilitate access to health data without compromising its security.

I also support manufacturers from all sectors at the IT, data and regulatory levels. In particular, I work with large groups in the press sector, which requires an adaptive approach to regulatory issues. In this respect, the establishment of a corporate charter is fundamental, providing models adapted to each organisation. A mechanism to ensure that use is empowering and AI compliant, without being blocked".

A call for collective responsibility

"When it comes to AI, the conditions for implementing regulatory requirements have not yet been defined. The aim is to establish a balanced governance that avoids excessive domination, while promoting user responsibility: this approach aims to make the use of AI responsible, ensuring ethical and legal compliance, without hampering innovation. Actors and users must adopt a responsible approach, legitimised by a thorough understanding of the risks associated with the use of new technologies, particularly in terms of privacy, cybersecurity and intellectual property rights."

"Any user wishing to use a new AI system must ask themselves about the risks associated with industrial secrecy, personal data protection, cybersecurity, ethics and intellectual property rights.It is necessary to demonstrate transparent and secure management of these five risk areas."

Is the press a good example?

"As far as the press is concerned, I think the adoption of the Paris Charter on AI and Journalism is a relevant example."

Marguerite stresses the importance of clearly distinguishing AI-generated content, thus ensuring much-needed transparency for readers.

"The aim is to channel innovation by empowering the actors involved. Because innovation is constantly changing, we have to adapt constantly."

It's a challenge that makes the lawyer's eyes light up as she looks to the future. A future that is anything but a long, calm river...