Lexology March 21, 2024
Key takeaways
- Several states have proposed bills, enacted health data privacy laws, or amended existing privacy laws to protect “consumer health data” (a term that encompasses more than businesses and individuals might expect); the laws broadly apply to many types of businesses that would not normally be expected to have obligations under a health-related law.
- Some characteristics of these new state health privacy laws raise interesting questions and could create difficult compliance obligations, including around “right to delete,” consent/authorization to sell consumer health data, geofencing prohibition, and data inferred from non-health-related data.
- Businesses need to familiarize themselves with these new laws – and keep an eye on additional state privacy laws being proposed, enacted, or revised – and continue...
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