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Washington State’s My Health My Data Act FAQ, Part Three – Enforcement Risks
Lexology April 2, 2024
In Part Three of our FAQ series on Washington state’s My Health My Data (MHMD) Act, we answer questions related to the MHMD Act’s enforcement risks – including the much-feared private right of action.
Given the MHMD Act’s broad scope, its private right of action, the potential for large certified classes, the recoverability of attorneys’ fees, and trends under other privacy laws with private rights of action, such as Illinois’ Biometric Information Protection Act (BIPA), we anticipate a wave of litigation under the MHMD Act following the March 31, 2024, effective date for many of the law’s provisions.
Who can sue?
The MHMD Act broadly defines “consumers” to include any natural person who is a Washington resident and any natural...
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