Washington My Health My Data

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Keypoint: Claims brought under the Washington My Health My Data Act’s private right of action will turn on whether a plaintiff can prove actual damages that were caused by a violation effecting the plaintiff’s business or property.

Signed into law by Governor Jay Inslee on April 27, 2023, the Washington My Health My Data Act (MHMD) is a first-in-the-nation consumer health data privacy act with a private right of action.

We have been tracking the MHMD since it was first introduced in early January, provided a detailed analysis of the bill after it first passed the House in mid-March, and recently discussed its definition of “consumer health data” and private right of action. As we previously promised, in this post we take a deeper look at the private right of action with a particular focus on how Washington courts have handled CPA claims based on other conduct. We also provide two takeaways to help businesses better understand and evaluate their risk.…

Continue Reading Analyzing the Washington My Health My Data Act’s Private Right of Action

Keypoint: With a private right of action, broad applicability to businesses of all sizes and types, a scope that is broader than its name suggests, and strong consent-based requirements and privacy rights, the Washington My Health My Data Act will be a transformative privacy law for the United States.

On April 17, 2023, the Washington legislature passed the My Health My Data Act (MHMD) (HB 1155). The bill now heads to the Washington Governor who can sign it, veto it, or allow the bill to become law without signature.

We have been tracking MHMD since it was first introduced in early January, provided a detailed analysis of the bill after it first passed the House in mid-March, and discussed its definition of “consumer health data” and private right of action in our April 10 weekly post. In the below post, we add to our analysis by providing five key takeaways about MHMD.…

Continue Reading Washington Legislature Passes My Health My Data Act

Keypoint: In the aftermath of the Supreme Court’s Dobbs decision, Washington legislators introduced legislation to enhance privacy protections for consumer health data.

In early March, lawmakers in Washington state’s House passed an amended version of the My Health My Data Act (HB 1155). The Act seeks to implement sweeping changes to how companies treat the consumer health data of Washington residents. The Act is supported by the Attorney General’s office and was filed in response to the United States Supreme Court’s Dobbs decision overturning Roe v. Wade. The Act is currently scheduled for a March 14 public hearing in the Senate Committee on Law & Justice.

In the below post, we provide a brief summary of the Act as it passed the House on March 4. The Act underwent significant amendments prior to passing the House and could undergo further amendments in the Senate. Consequently, this post is intended only to provide a point-in-time analysis.…

Continue Reading Analyzing the Washington State My Health My Data Act