News & Analysis as of

Data Collection Consent Health Insurance Portability and Accountability Act (HIPAA)

Baker Botts L.L.P.

Healthcare Data Case Against Google May Proceed - Rules U.S. District Court

Baker Botts L.L.P. on

On June 6, 2025, the United States District Court for the Northern District of California dismissed a number of claims being brought against Google related to its alleged improper collection of health-related data though...more

Perkins Coie

Don’t Mind If I Do: Montana Says Hands Off Neural Data

Perkins Coie on

In May 2025, Montana enacted Senate Bill 163 (SB 163), amending that state’s Genetic Information Privacy Act (MGIPA) to include protections for neurotechnology data—namely, data collected from the activity of the central or...more

Proskauer on Privacy

My Health, My Dollar: Amazon’s Health Data Troubles in Washington

Proskauer on Privacy on

Amazon faces allegations of unauthorized data collection in violation of federal and state privacy laws, including a first-of-its-kind claim under Washington’s My Health My Data Act (“MHMDA”). The MHMDA restricts businesses...more

Orrick, Herrington & Sutcliffe LLP

First Lawsuit Filed Under Washington’s My Health My Data Act

On February 10, 2025, a Washington state resident filed a lawsuit on behalf of herself and similarly situated individuals against Amazon under the Washington My Health My Data Act (MHMD). This is the first lawsuit brought...more

Epstein Becker & Green

New York’s Health Information Privacy Act Poised to Become the Latest in a Growing Trend of State Data Privacy Laws

Epstein Becker & Green on

New York State appears poised to become the fourth state to explicitly regulate consumer health data not covered by the federal Health Insurance Portability and Accountability Act (HIPAA)....more

Ropes & Gray LLP

New York's Health Information Privacy Act Aims to Strictly Regulate Consumer Health Data

Ropes & Gray LLP on

On January 22, 2025, the New York State Assembly and Senate rapidly passed the wide-ranging New York Health Information Privacy Act (“NY HIPA”). If not vetoed by Governor Kathy Hochul, NY HIPA would be the fourth enacted...more

Mintz - Health Care Viewpoints

OHRP Workshop Highlights Artificial Intelligence Uses, Concerns in Human Research

The Department of Health and Human Services (HHS) Office for Human Research Protections (OHRP) recently held its 2024 Exploratory Workshop titled “The Evolving Landscape of Human Research with AI – Putting Ethics to Practice”...more

Barnea Jaffa Lande & Co.

Bipartisan Federal Privacy Act Proposed in US

On April 7, 2024, a draft of the American Privacy Rights Act was introduced. Bringing forth this bipartisan-supported bill represents a significant step toward privacy regulation in the United States. The proposed act brings...more

Benesch

REMINDER: Nevada Joins Washington with a Consumer Health Data Consent Law Now In Effect

Benesch on

Nevada’s new consumer health data law—like Washington’s My Health My Data Act—implements strict—and separate—consent requirements for the collection and sharing of an individual’s health data, with few exceptions. March...more

Paul Hastings LLP

Biometrics Litigation Update: Washington Is Poised to Become a New Frontier for Private Litigants

Paul Hastings LLP on

In just a few short weeks, a new front may emerge for biometrics litigation in the United States. On March 31, 2024, the My Health My Data Act (“MHMDA”) will go into effect in Washington for most entities that conduct...more

Akin Gump Strauss Hauer & Feld LLP

New Jersey Data Protection Act: What Businesses Need to Know

On January 16, 2024, New Jersey became the first state to enact a comprehensive data privacy law in the new year, with Gov. Phil Murphy (D-NJ) signing the New Jersey Privacy Act (NJPA) (SB 332) into law. The New Jersey law...more

Health Care Compliance Association (HCCA)

Privacy Briefs: November 2023

Report on Patient Privacy 23, no. 11 (November, 2023) The American Hospital Association (AHA) is urging federal lawmakers to intervene with the HHS Office for Civil Rights (OCR) so that hospitals and health systems can...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Wash. Health Privacy Bill May Affect Cos. Across Industries

In late April, Washington's governor signed the My Health My Data Act, or MHMD, into law. The law, which goes into effect next year, aims to regulate the vast amount of health-related data processing that takes place...more

Woods Rogers

My Health, My Data Act: Washington State’s New Health Data Privacy Law Has a Nationwide Reach

Woods Rogers on

Washington state’s My Health, My Data Act (the Act), signed into law in April 2023, is a broad health data privacy law designed to protect consumer health data that falls outside the scope of HIPAA, such as health-related...more

Holland & Knight LLP

Washington State Imposes Far-Reaching Privacy Obligations for Consumer Health Data

Holland & Knight LLP on

The Washington My Health My Data Act (the MHMD Act) was signed into law on April 27, 2023, creating new restrictions on the collection and disclosure of "consumer health data" by companies in Washington or that is related to...more

Proskauer on Privacy

Going Beyond HIPAA – Washington Health Privacy Law Enacted: Broad Reach, Amorphous Scope, Big Litigation Risk

Proskauer on Privacy on

The Health Information Portability and Accountability Act (“HIPAA”) has long been described as the floor for health care privacy laws and that states and regulators are free to enact more restrictive health care privacy laws....more

Mintz - Health Care Viewpoints

What Would the American Data Privacy and Protection Act Mean for the Health Industry?

All players in the health and wellness ecosystem should be following developments around the American Data Privacy and Protection Act (ADPPA). If enacted, the ADPPA would be a watershed in the regulation of the privacy and...more

White & Case LLP

Connecticut Lends Its Hand to U.S. Data Privacy Framework

White & Case LLP on

This week, on Tuesday May 10, 2022, Connecticut Gov. Ned Lamont approved Connecticut Senate Bill 6, an Act Concerning Personal Data Privacy and Online Monitoring (the "Connecticut Privacy Act"). Governor Lamont’s approval...more

Womble Bond Dickinson

Recreational DNA Industry May Take Liberties With Consumer Data

Womble Bond Dickinson on

Companies collecting consumer DNA for non-medical purposes seem to be playing fast and loose with their customers’ data, according to a well-regarded consumer watchdog. This category of private money makers, which could...more

McDermott Will & Schulte

Republicans and Democrats Introduce Competing Privacy Bills to Protect Consumers’ Health Information Related to the COVID-19...

As the federal government, state governments, businesses and other entities continue their response efforts related to the COVID-19 pandemic, the privacy and security of consumers’ personal health information remains a top...more

Holland & Hart - Health Law Blog

Use of PHI for Non-Patient Purposes

In an era of decreasing reimbursement and rapidly expanding opportunities associated with “big data”, healthcare entities may be looking for ways to monetize protected health information (“PHI”) for their own, non-patient...more

Shook, Hardy & Bacon L.L.P.

Florida’s Proposed Privacy Legislation: An In-Depth Analysis for Corporate Counsel

The Florida Senate and House of Representatives are considering two bills (SB 1670 and HB 963) that, if adopted, will amend Florida law to create the state’s first comprehensive privacy law (though they do not go nearly as...more

Morrison & Foerster LLP

Going To The Heart Of Workplace Health Programs And Apps

Morrison & Foerster LLP on

The wearable technology market is booming and shows no sign of slowing down anytime soon. From watches to glasses, to chips and sensors built into clothing and accessories, wearable technology seems to have reached every...more

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