In his recent paper Hatherley discusses four reasons given to support mandatory disclosure of the use of machine learning technologies in healthcare, and provides counters to each of these reasons. While I agree with Hatherley’s conclusion that such disclosures should not be mandatory (at least not in an upfront fashion), I raise some problems with his counters to the materiality argument. Finally, I raise another potential problem that exists in a democratic society: that even if Hatherley’s (and other authors who share his conclusions) arguments are sound, in a democratic society the simple fact that most people might wish for such disclosures to be made might be an enough compelling reason to make such disclosures mandatory.