Holland & Knight May 2, 2023
By Rachel Marmor | Haylie D. Treas | Emily Holpert | Marissa C. Serafino

Highlights

  • Washington state’s newly enacted My Health My Data Act regulates businesses that process “consumer health data.” The broad definition of this term could cause numerous businesses to be impacted, such as retailers that offer over-the-counter medical products, as well as fitness studios and health tracking wearables and apps.
  • The new law requires businesses to obtain consent to process consumer health data, unless it is necessary to provide a product or service, as well as an extra consent to sell or share the information. This could curtail the ability of businesses to use certain consumer information for advertising.
  • The new law imposes an aggressive timeline for implementation of less than one year.
  • There is a...

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Topics: Apps, Digital Health, Govt Agencies, Healthcare System, Patient / Consumer, Privacy / Security, Provider, Regulations, States, Technology, Wearables
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