IAPP June 8, 2023
Divya Sridhar

The state of Washington has led the way in creating the first set of guardrails (a geofence, some would say? pun intended) around consumer health data — which has now been followed by copycat laws such as the recently passed Connecticut Senate Bill 3 — to fill the void left by the landmark Dobbs decision overturning Roe v. Wade.

Recent legislative and regulatory actions, including the Federal Trade Commission cases Premom, GoodRX and Flo, were particularly challenging because companies and consumers alike are required to read between the lines. For example, what do lawmakers and regulators mean when they suggest adopting robust protections for consumer health information?

Washington’s My Health My Data Act treats consumer health information as a...

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