You may have consumer health data even if you think you don’t.
In the wake of the Dobbs v. Jackson Women’s Health Organization decision in 2022, state legislatures in Washington, Nevada and Connecticut enacted legislation to protect health information not covered by the Health Insurance Portability and Accountability Act (HIPAA). Although these laws protect sexual and reproductive health information, they go much further, potentially bringing a broad range of data in scope of the laws’ strict new requirements and private right of action. At the same time, the FTC is focusing more attention on the use and disclosure of sensitive health data.
This webinar will explore businesses’ compliance obligations under these new state laws and regulatory enforcement trends. We will focus on practical takeaways, including:
- Important differences between Washington’s My Health My Data law and other consumer health data laws, including differences in what data is covered and which businesses will need to comply.
- Practical compliance challenges for businesses with in-scope data, including issues related to consent, written authorization and consumer rights.
- How state consumer health data laws and regulatory enforcement affect online tracking and marketing activities involving health data.
- How to evaluate litigation risk associated with the My Health My Data Act’s private right of action.
- What to expect from enforcement in the consumer health data space in 2024.
For questions, please contact Charlie May at camay@bakerlaw.com