A.G. Ferguson and Partners Propose Legislation to Protect Washingtonians' Health Data - Dailyfly

OLYMPIA — Attorney General Bob Ferguson announced Friday that helium is partnering with Rep. Vandana Slatter, D-Bellevue and Sen. Manka Dhingra, D-Redmond, to suggest authorities successful the 2023 legislative league to summation information privateness protections successful the aftermath of the Dobbs Supreme Court determination empower Washingtonians with much power implicit their wellness data.

Under existent law, Washingtonians’ wellness information is near susceptible to being utilized by advertisers oregon shared with anti-choice groups. For example:

• Period tracking apps tin merchantability delicate accusation astir a woman’s precocious play oregon miscarriage to information brokers. Data brokers tin nexus that accusation to her information profile, which is fundamentally for merchantability connected the unfastened market. Law enforcement from states with strict anti-abortion laws oregon anti-choice advocacy groups tin acquisition that information illustration and usage that accusation to prosecute women who had an termination oregon miscarriage successful different state.
• Pregnant individuals sometimes interaction oregon sojourn situation gestation centers looking for reproductive wellness attraction services, lone to find that they cannot person an termination astatine that facility. But portion they are there, the situation gestation halfway tin cod and stock the woman’s delicate information with anti-abortion groups who tin past people the pistillate with pro-life messaging and governmental ads.
• Digital advertizing firms tin acceptable up geofencing astir wellness attraction facilities that travel erstwhile a idiosyncratic brings their compartment telephone oregon mobile instrumentality crossed the barrier. The idiosyncratic tin beryllium bombarded with substance messages and advertisements urging them not to question reproductive oregon gender-affirming care.

This legislation from Dhingra, Slatter, and Ferguson:

• Prohibits organizations from selling Washingtonians’ wellness data.
• Blocks apps and websites — similar wellness tracking apps, hunt engines, and advertisers — from collecting and sharing Washingtonians’ wellness information without their consent.
• Prohibits “geofences” from being utilized astatine reproductive and sex affirming wellness attraction facilities. Geofences are a virtual perimeter astir a carnal determination that tin beryllium utilized to nonstop messages to a idiosyncratic who enters a circumstantial location.
• Requiring companies that cod Washingtonians’ idiosyncratic wellness information to support and people a privateness argumentation for consumers’ wellness data

The measure whitethorn beryllium known arsenic the EMPOWHERD Act (Enforcing Measures Protecting Our Washington Health Electronic Rights and Data). Violations of the Act are a usurpation of the Consumer Protection Act.

“This instrumentality volition springiness Washingtonians much power implicit however their wellness information is used,” Ferguson said. “This is simply a cardinal portion of protecting Washingtonians’ entree to safe, backstage reproductive attraction — which is much urgent present than ever.”

 “I judge this measure is an important accidental to support our wellness information — peculiarly during an unprecedented clip successful which our law rights to reproductive wellness and bodily autonomy are being attacked crossed the country,” Rep. Slatter said. “As a objective pharmacist, I had the grant of testifying connected the value of Plan B and broad reproductive care. As a legislator, I americium honored to sponsor this measure successful the House to support wellness information and privateness successful Washington state.”

“It is unconscionable that people’s idiosyncratic information regarding accessing reproductive wellness attraction is being utilized for transgression prosecution,” Sen. Dhingra said. “With ideological attacks connected reproductive and gender-affirming attraction nationwide, it is captious that Washington authorities establishes champion practices and a nationalist exemplary for protecting the close to privateness we each merit and need. I look guardant to moving with Attorney General Ferguson, Governor Inslee, the tech industry, advocates, and my colleagues to proceed processing policies that safeguard entree to care, supply harmless haven for individuals seeking attraction successful our state, and guarantee that health-related information is protected from authorities interference and intimidation.”

“I privation to convey Sen. Dhingra, Rep. Slatter, and Attorney General Ferguson for starring the effort to fortify protections for diligent and supplier data,” Gov. Jay Inslee said. “It is inexcusable that private, protected wellness attraction diligent and supplier information would beryllium shared for purposes extracurricular of needed care. We’re not going to let it successful Washington.”

Washingtonians expect that their wellness information is protected nether laws similar the Health Information Portability and Accountability Act (HIPAA). However, HIPAA lone covers wellness information collected by circumstantial wellness attraction entities, including astir wellness attraction providers. Health information collected by different entities — including apps and websites — are not afforded the aforesaid protections.

This measure closes the spread successful wellness information privateness protections.