My Health My Data Act

Washington My Health My Data Act
Washington · RCW ch. 19.373

Status
In effect
Took effect
March 31, 2024
Applies to
Regulated entities doing business in Washington that collect consumer health data (includes AI-derived health inferences)
Enforced by
Washington Attorney General; courts (private CPA actions)

A sweeping health-data privacy law covering 'consumer health data' far beyond HIPAA — including biometric data, health inferences drawn by algorithms, and reproductive health information. Companies need consent to collect or share such data, must honor deletion requests, and cannot geofence health facilities. Consumers can sue under Washington's Consumer Protection Act.

Who is protected: Washington consumers and individuals whose health data is collected in Washington

Legal detail

Chapter 19.373 RCW (HB 1155): consent requirements for collection/sharing, valid authorization for sale, deletion rights, geofencing ban around health services, and a private right of action via the WA CPA; effective Mar. 31, 2024 (small businesses June 30, 2024).

Key facts

JurisdictionWashington
LevelState
StrengthLimited
EnactedApril 27, 2023
CitationRCW ch. 19.373
Private right of actionYes, individuals can sue
PenaltiesCPA remedies: actual damages (trebled up to $25,000), injunctive relief, attorney's fees; AG civil penalties
Topicsconsumer data privacy · healthcare AI · biometric data · consumer protection · data retention
StatuteRevised Code of Washington, Chapter 19.373 RCW: My Health My Data Act

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Related consumer data privacy rules elsewhere

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