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Washington
CNN
—
A Democrat-sponsored bill in the Washington state legislature would prevent personal health data collected by apps, particularly those that track menstrual cycles, from being shared without consumer consent.
The proposed law, called the My Health, My Data Act, could make menstrual tracking data a criminal prosecution by authorities following a Supreme Court ruling last year that suspended federal constitutional abortion rights. This reflects the concerns of some women. if they violate abortion laws.
Patient medical information is generally protected by the Health Insurance Portability and Accountability Act, known as HIPAA, but the same protections do not apply to medical data shared with third-party apps and websites. .
“Last year we have seen unprecedented attacks on reproductive health care and the right to physical autonomy continue across the country, highlighting numerous vulnerabilities in the privacy of people’s health data. data brokers and predatory data tracking companies, putting individuals at risk.The My Health, My Data Act regulates the collection, sharing, and sale of sensitive health-related data. ,” Democrat Rep. Vandana Sratte, who introduced the House bill, told CNN in a statement.
Bills introduced in both Democratic-controlled houses would ban the sale of consumer health data and require “additional disclosure and consumer consent regarding the collection, sharing and use of such information.” .
We also allow users to delete their own data, and facilities that provide health care services when we collect consumer identity and mobility data using information such as cell tower data and Wi-Fi. Prohibit the use of “geofencing” technology in the perimeter.
The proposal also covers health data related to issues such as gender-affirming care and genetics.
The law is intended for residents of Washington State or those whose consumer health data is collected in the state and enforced under the state’s consumer protection laws. Applies to businesses that offer “products or services intended for consumers in Washington.”
Pregnancy Justice, a nonprofit that provides legal representation for people charged with pregnancy-related crimes, says it doesn’t track certain cases where data from period tracking apps were used against women. said.
But the organization told CNN, “That’s not to say the app isn’t a reason for concern.”
One example often cited by abortion rights advocates in the post-Roe legal landscape is litigation that began before Roe was overturned. A Nebraska mother and her 18-year-old daughter were indicted last year after police obtained her Facebook messages between the two. Authorities say the messages show evidence of an illegal self-administered abortion and are also planning to hide the remains.
“With the huge increase in the use of tracking apps, online chats, social media and search engines to access healthcare information, advice and research, securing these sensitive medical data has long been awaited. Supporter of state Senate bill, SB 5351.
A similar bill was signed into law in California last year by Democratic Gov. Gavin Newsom. The law prohibits businesses based in the state from providing geolocation data, search history, and other personal information in response to out-of-state search warrants. .
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