Governor Jay Inslee of Washington signed the My Health, My Data Act on April 27, marking a significant step toward bridging the gap between current industry practices and consumers' awareness of how their health data is collected, stored, and shared. The legislation received support primarily from Democratic lawmakers in both the House and Senate, aligning with a broader package of comprehensive bills introduced by House Democrats. The Act addresses the need to safeguard Washingtonians' health privacy, particularly in the context of reproductive healthcare, in response to the U.S. Supreme Court decision in Dobbs v. Jackson Women's Health Organization.

The sweeping scope of Washington’s My Health, My Data Act

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Washington state is making significant strides towards enacting comprehensive legislation that would bring about substantial changes to consumer health data protection. House Bill 1155, known as the My Health My Data Act, aims to empower consumers by granting them rights to access, delete, and withdraw consent for the collection, sharing, or sale of their health data. The proposed law also imposes explicit consent requirements for the collection, sharing, and sale of consumer health information.

Under the My Health My Data Act, companies would be obligated to develop robust health data policies and would be prohibited from implementing geofences around facilities providing in-person healthcare services. Notably, the legislation introduces a private right of action, enabling individuals to seek recourse for violations through Washington's Consumer Protection Act.

Washington state on track to pass broad-based health data privacy law

Data breaches in Washington state skyrocketed by 500% in 2021, as revealed by the recently published 2021 Data Breach Report from the attorney general's office. The report highlights that organizations issued a staggering 6.3 million data breach notifications to individuals throughout the state, surpassing the previous record of 3.5 million in 2018. Furthermore, the number of data breaches reported to the attorney general's office surged from 60 in 2020 to 280 in 2021.

In addition to the alarming statistics, the report provides insights into data protection practices for consumers and offers recommendations for policymakers to address the growing concern. It serves as a valuable resource to understand the magnitude of the data breach issue and its implications.

Washington data breaches rose 500% in 2021

For the third consecutive year, the Washington State Legislature failed to pass a comprehensive data privacy bill, highlighting the challenges of reconciling differing perspectives among business, privacy, and trial lawyer groups. State Senator Reuven Carlyle introduced the Washington Privacy Act (WPA), which incorporated changes suggested by privacy and business groups, making it more demanding than the Virginia variant. While the WPA passed the Senate with strong bipartisan support, the influence of Rep. Shelley Kloba's opt-in privacy bill, supported by the ACLU of Washington and the plaintiff's bar, swayed progressive House members and hindered the WPA's progress in the House of Representatives.

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