Privacy Considerations of Artificial Intelligence Scribes

Sara Gerke, Dipl.-Jur. Univ., M.A., and David A. Simon, Ph.D., J.D., LL.M.
Abstract
Artificial intelligence (AI) scribes are increasingly deployed in U.S. health systems to document patient�physician encounters, with anticipated gains in administrative efficiency counterbalanced by emerging privacy risks. These systems capture audio of clinical encounters and generate transcripts and structured clinical notes, yet vendor practices differ substantially in how long each data type is retained and whether it is used for AI training. Federal and state privacy frameworks govern the collection, storage, and disclosure of such data, shaping institutional obligations and constraints. Effective implementation therefore depends on clear governance of data flows, appropriately calibrated retention and deletion policies, and transparent consent processes that align technical design with legal requirements and ethical principles. (Funded by the European Union [grant agreement number 101057321].)

Privacy Considerations of Artificial Intelligence Scribes