Access to implanted-device data
Litigation

Litigation (last resort path)

If progress stalls, consider legal action.

If progress stalls, consider legal action. Perhaps a patient could sue a manufacturer for access to their data, claiming some property right or that withholding data is an unfair practice. Alternatively, approach the FTC – one could argue that advertising a device that monitors you but not disclosing the data to you might be “deceptive” or that refusing data portability is anti-competitive.

Why this works

  • The threat of litigation might spur industry to cooperate rather than fight in court (especially if they fear a loss setting a precedent).
  • A creative lawsuit could possibly succeed or at least raise attention.
  • For instance, could a class of patients claim that not providing data violates implied contract or some state health information law?
Center for Food Safety logo

Center for Food Safety

Tax-deductible
centerforfoodsafety.org

Public-interest advocacy using litigation, policy, and grassroots action to protect health and the environment from industrial agriculture.

Center for Food Safety (CFS) is a public-interest environmental advocacy group that uses litigation, policy, and grassroots organizing to protect human health and the environment from harms of industrial agriculture.

Mechanism

How Center for Food Safety uses funding

About Litigation
  1. Screen potential claims for standing, venue, and remedy clarity before litigation begins.
  2. Select plaintiffs and facts that support an enforceable remedy tied to data access.
  3. Build the record through evidence, briefs, motions, and expert support as needed.
  4. Seek interim relief where possible to prevent ongoing denial while the case proceeds.
  5. Enforce outcomes through settlement terms, compliance tracking, and follow-up actions.

Partner notes

Partner notes coming soon.