πŸ‡ΊπŸ‡ΈWashington My Health My Data Act

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Washington My Health My Data Act

Washington My Health My Data Act

This specialist state privacy law applies to a defined data type, business model or processing activity. It should be layered over any applicable comprehensive state and federal laws.

Current official version

Effective status: March 31, 2024; small-business provisions phased to June 30, 2024

Citation: Wash. Rev. Code Chapter 19.373

Source basis: Current Revised Code of Washington Chapter 19.373.

Scope

The Act covers regulated entities and small businesses that conduct business in Washington or target Washington consumers and determine the purpose and means of collecting, processing, sharing or selling consumer health data. Its consumer and health-data definitions are broad and include inferred or derived health information.

Operational obligations

Publish a separate consumer health data privacy policy; obtain consent before collection or sharing beyond what is necessary to provide a requested product or service; obtain a separate signed authorization for sale; support access, withdrawal and deletion; bind processors; secure data; and prohibit covered health-care geofencing.

State-specific point

Consumer health data includes precise location indicating attempts to obtain health services and health information inferred from non-health data using algorithms or machine learning. Sale authorization must be retained for six years.

Enforcement

A violation is an unfair or deceptive act under the Washington Consumer Protection Act. The Attorney General and private plaintiffs may bring actions subject to that Act.

What this means for you

Inventory the covered data and processing separately, obtain the exact notice, consent or authorization required, control vendors and disclosures, and retain evidence against the current official text.

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