Startup Fortune: OpenAI launched ChatGPT Health and quietly moved your medical records outside HIPAA

“HIPAA applies to covered entities, meaning hospitals, insurers, and their business associates. OpenAI is none of those things. As Sara Geoghegan, senior counsel at the Electronic Privacy Information Center, told The Record, sharing your electronic medical records with ChatGPT Health ‘would remove the HIPAA protection from those records, which is dangerous.’ The data becomes governed entirely by OpenAI’s terms of service, which the company can update at any time. Your hospital cannot sell your diagnosis to an advertiser. OpenAI, operating outside HIPAA, faces no such federal constraint today. And unlike medical records held by your provider, data shared with ChatGPT can potentially be subpoenaed in civil litigation with far fewer procedural hurdles.”

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