Health Law Highlights

Washington’s My Health My Data Act and its Nevada Twin are Now in Effect – Are You Ready?

Summary of article from Davis Wright Tremaine, by David L. Rice, Adam H. Greene, Rebecca L. Williams:

The “My Health My Data Act” in Washington, effective March 31, 2024, imposes strict regulations on the collection and use of “consumer health data” (CHD), even extending to data indirectly related to a consumer’s health. The Act covers all businesses operating in Washington and those providing services or products to its consumers, and applies to both residents and non-residents whose CHD is collected within the state. It mandates consumer consent for CHD collection, processing, or disclosure, and prohibits the sale of CHD without a valid, annually renewed authorization. The Act also forbids the use of “geofences” around healthcare facilities for data collection or advertising. Finally, the Act grants enforcement authority to the Washington Attorney General and establishes a private right of action for consumers, with Nevada implementing a similar law.