Aggressive Washington Privacy Law: Right to Sue and Onerous Consent Obligations

A pioneering privacy law enacted in Washington last week is the first in the U.S. to create a new protected category of personal health information that extends to details about fitness, wellness and web searching on health topics. The far-reaching My Health My Data Act (MHMD) is strict as well, requiring consent procedures that go beyond other privacy laws and raising the stakes for companies by permitting private lawsuits. This first installment of a two-article series discusses the MHMD’s key impacts and distinctive features, including its sweeping definition of consumer health data, applicability to a wide array of companies across the U.S and potential to halt third-party advertising. Part two will analyze MHMD’s impact on data processing and share suggested compliance steps to prioritize. The series features insights from state law experts at Clark Hill, Frankfurt Kurnit, Hintze Law, Husch Blackwell and WilmerHale. See “A Roadmap to the Final Regulations Under the CPRA” (Mar. 15, 2023).

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