Washington Likely to Become First State to Enact a Comprehensive Health Privacy Law

Listen
to
this
post

On
April
17,
2023,
the
Washington
State
House
concurred
to
the
Washington
State
Senate’s
amendments
to

Washington Likely to Become First State to Enact a Comprehensive Health Privacy Law


Listen
to
this
post

On
April
17,
2023,
the
Washington
State
House
concurred
to
the
Washington
State
Senate’s
amendments
to

Washington
State
House
Bill
1155
,
the
My
Health
My
Data
Act
(the
“Act”),
clearing
the
Act’s
way
to
Governor
Jay
Inslee
for
a
final
signature.
If
enacted,
the
Act
would
be
the
first
comprehensive
consumer
health
information
privacy
law
in
the
United
States.

Specifically,
the
Act
would
apply
to
any
legal
entity
that
(1)
conducts
business
in
Washington
state
or
offers
products
or
services
targeted
at
consumers
in
the
state,
and
(2)
determines
the
purpose
and
means
of
collecting,
processing,
sharing,
or
selling
of
consumer
health
data.
The
Act
would
require
covered
entities
to
obtain
the
consent
of
Washington
consumers
before
collecting
or
sharing
the
consumers’
health
data.
In
addition,
the
Act
would
require
covered
entities
to
maintain
a
detailed
consumer
health
data
policy,
and
set
up
a
geofence
around
facilities
providing
in-person
health
care. 

The
Act
would
grant
consumers
the
right
to
access
the
health
data
the
regulated
entity
collected,
shared
or
sold
about
them.
Consumers
would
also
have
the
right
to
delete
information
that
concerns
them,
and
withdraw
consent
for
the
covered
entity’s
collection
or
sharing
of
the
consumer’s
health
data. 

The
Act
would
be
enforceable
by
the
Washington
Attorney
General
and
via
a
private
right
of
action
under
Washington’s
Consumer
Protection
Act.
The
Act’s
proposed
effective
date
is
March
31,
2024.

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