Health Data Privacy: What We're Hearing

U.S. privacy developments are moving quickly, but health data privacy is racing forward. Companies that come into contact with consumers' health data need to track and respond to a variety of developments. Most notably, these include Washington's My Health My Data (MHMD) Act, a similar law in Nevada, "sensitive data" and "sensitive personal information" requirements under comprehensive state privacy laws, and FTC enforcement actions and guidance that assert that a broad range of health data is sensitive. How a company responds to these developments is likely to be iterative given the lack of clarity or harmonization with these requirements, and substantial resources required to implement changes.