Lexology April 5, 2024
On April 17, 2023, the Washington State Legislature passed the “My Health My Data Act” (WMHMDA or the Act), which took effect for most companies March 31, 2024. Unlike other modern state privacy laws that purport to regulate any collection of “personal data,” WMHMDA confers privacy protections only upon “consumer health data.” This term is defined to include any data that is linked (or linkable) to an individual and that identifies their “past, present, or future physical or mental health status.” As the statute is not intended to apply to HIPAA-regulated entities or employers, there is some confusion regarding its scope (i.e., which companies may be collecting consumer health data) as well as its requirements. Specifically, the Act refers to...
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