In 2023, Washington enacted the "my health my data" act (HB 1155), which is a significant consumer data privacy law. This law specifically protects "consumer health data" identifiable to an individual, including physical and mental health statuses. It is crucial as it sets a precedent for protecting various types of personal data. The law ensures that all natural persons residing in Washington or having their data collected there are covered. However, it does not extend protections within employment contexts, indicating further legal needs for comprehensive health privacy enforcement.
The Washington law protects "consumer health data," defined as information linkable to a consumer that identifies their "physical or mental health status." This includes all manner of conditions and treatments, such as gender-affirming and reproductive care.
Notably, Washington's definition of "consumers" applies only in "an individual or household context," but not "an employment context"; thus, Washingtonians will need a different health privacy law to protect them from their snooping bosses.
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