United States: Four takeaways from the Washington State Attorney General’s Guidance on the My Health My Data Act

Lexology September 13, 2023
Baker McKenzie

In brief

Beyond the statutory text of the new Washington state My Health My Data Act, the Washington Attorney General has published Frequently Asked Questions (FAQs) and will update such FAQs periodically. Some of the FAQs provide insight into possible interpretations of the law’s provisions that are summarized below. For a broader overview of the My Health My Data Act, see here.

1. Businesses located outside of the state of Washington that only store data in Washington are not regulated entities

Per Section 3 (7), the act protects “consumers,” which includes a natural person whose consumer health data is collected in Washington. “Collect” is defined in Section 3 (5) to include the processing of consumer health data in any...

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