When you use an AI tool to transcribe medical consultations, you're processing protected health information (PHI under HIPAA in the US, special category data under GDPR in Europe). This implies specific obligations that go beyond those applicable to other industries.
US Framework (HIPAA)
Under HIPAA, any technology vendor accessing PHI must sign a Business Associate Agreement (BAA). Without this agreement, using the tool is a HIPAA violation regardless of its technical security measures.
What to verify
- Does the vendor sign BAA for healthcare clients?
- Where is data processed (preferably within the US)?
- What is the audio retention policy?
- Is data used to train AI models?
Key question when evaluating a tool: "Do you sign a BAA for healthcare clients?" If the answer isn't a clear yes with documentation, find another tool.
European Framework (GDPR)
In Europe, health data is a "special category" under GDPR requiring greater protection: explicit legal basis (patient consent or vital interest), Data Protection Impact Assessment for large-scale processing, and a Data Processing Agreement with the tool provider.
What to Check Before Implementing
- Data processing location (EU preferred for European practice)
- Audio retention policy (deleted immediately after transcription?)
- Encryption in transit and at rest
- BAA or DPA availability
- Vendor security breach history