The Broad Reach of Washington State’s My Health My Data Act

The My Health My Data Act, signed by the governor of Washington State, is expected to have an impact on the privacy practices of a wide range of digital health businesses—potentially reaching beyond the state’s borders. While the Act takes effect on March 31, 2024 for regulated entities and on June 30, 2024 for small businesses, the Act’s geofencing provision will become effective on July 23, 2023.

Washington State Governor Jay Inslee signed the My Health My Data Act (the Act) into law on April 27, 2023. The legislature described the Act as a “gap-filler,” intended to protect consumer health data not otherwise protected by state and federal healthcare privacy regulations, including, but not limited to, the Health...