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
Tax-deductiblePublic-interest advocacy using litigation, policy, and grassroots action to protect health and the environment from industrial agriculture.
Mechanism
About LitigationHow Center for Food Safety uses funding
- Screen potential claims for standing, venue, and remedy clarity before litigation begins.
- Select plaintiffs and facts that support an enforceable remedy tied to data access.
- Build the record through evidence, briefs, motions, and expert support as needed.
- Seek interim relief where possible to prevent ongoing denial while the case proceeds.
- Enforce outcomes through settlement terms, compliance tracking, and follow-up actions.
Milestones
Checkpoints and the expected timing for each step
- 1
Case theory and downside risk screened
Pre-filingA memo defines standing, venue, and an enforceable remedy strategy.
- 2
Filing and early motions
Early litigationComplaint is filed and key motions are scheduled with supporting evidence.
- 3
Decision or settlement reached
Merits phaseA ruling or settlement establishes an enforceable access outcome.
- 4
Compliance enforced
Post-outcomeFollow-through documents real access changes and addresses gaps promptly.