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