The AI in Healthcare: Balancing the Right to Health and Boosting Administrative Innovation in the Italian National Health Service (SSN)

ABSTRACT Italy’s Law 132/2025 on Artificial Intelligence (AI) introduces significant changes to the healthcare system, transforming administrative processes and the organisation of the National Health Service (SSN). Implementing Regulation (EU) 2024/1689 (the AI Act), the law ensures that the adoption of AI complies with Article 32 of the Constitution, which protects health as both an individual right and a collective interest. Article 8 recognises the processing of data for AI-based scientific research as being of significant public interest, in line with the European Health Data Space (EHDS) and the General Data Protection Regulation (GDPR). Additionally, a national AI platform, managed by AGENAS, supports healthcare objectives, particularly with regard to local care. Against this backdrop, the EU principle of good administration aims to ensure that digital transformation in healthcare remains aligned with the community care and the protection of human rights.

KEYWORDS Healthcare - AI Act – Platform - Good administration - Data space - National Health Service

TABLE OF CONTENTS 1. The Italian Law on AI in Relation to the EU AI ACT Regulation. – 2. The Novelties Introduced by the Italian Law on Artificial Intelligence. – 2.1. The Crucial Role of the Consensus. – 2.2. An AI Platform to Support Healthcare Objectives. – 3. Concluding Remarks: The Right to Health in the Context of Digital Health Innovations.