Data from Fordham University Provide New Insights into Insurance (Are Your Secrets Safe?: Imposing a Fiduciary Duty On Healthcare Ai Developers Dealing With Sensitive Health Information): Insurance

2025 DEC 26 (NewsRx) -- By a News Reporter-Staff News Editor at Health Policy and Law Daily -- Investigators publish new report on Insurance. According to news originating from Bronx, New York, by NewsRx editors, the research stated, “In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA) to establish standards for transmitting health information. For decades, the HIPAA Privacy Rule has operated as the primary regulation protecting health information in the United States.”

Our news journalists obtained a quote from the research from Fordham University, “However, in the decades since HIPAA was enacted, new technologies have demonstrated the shortcomings of the Privacy Rule. In particular, the development of healthcare artificial intelligence (AI) has created new privacy concerns and exacerbated existing ones. This Note examines the current healthcare privacy framework in the United States and considers how healthcare AI complicates it. This Note also explores how AI developers need access to sensitive health information to build healthcare AI. To protect private health information while promoting AI development, this Note proposes a novel solution: impose a fiduciary duty on healthcare AI developers. Fiduciary relationships exist when one party has control over the other’s affairs, like in doctor-patient or lawyer-client relationships. Instead of relying on consent, a fiduciary must act in the other party’s best interest. Furthermore, imposing a fiduciary duty does not require the time or resources needed to create a new regulatory scheme.”

According to the news editors, the research concluded: “Ultimately, by requiring healthcare AI developers to act in the best interests of data subjects, fiduciary duties reinforce privacy protections without stifling access to data that is essential for AI development.”

This research has been peer-reviewed.

For more information on this research see: Are Your Secrets Safe?: Imposing a Fiduciary Duty On Healthcare Ai Developers Dealing With Sensitive Health Information. Fordham Law Review, 2025;94(1):383-420. Fordham Law Review can be contacted at: Fordham Univ, School Law, 140 W 62ND Street, New York, NY 10023, USA.

The news correspondents report that additional information may be obtained from Lauren Quinn, Fordham University, School of Law, Bronx, NY 10458, United States.

(Our reports deliver fact-based news of research and discoveries from around the world.)