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ARTICLE · 17 MAY 2023

My Health My Data Act: Consent Requirements

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In this third post in our ongoing series, we examine the scope of the consent requirements under the recently enacted My Health My Data Act. (Visit here for information about the scope of the law...

United StatesPrivacy
Julia K. Kadish
Julia K. Kadish
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In this third post in our ongoing series, we examine the scope of the consent requirements under the recently enacted My Health My Data Act. (Visit here for information about the scope of the law and here for information about consumer rights). The Act imposes consent requirements on a wide range of common processing activities.

What is "consent"?

Consent under the law must be affirmative, freely given, specific, and informed. For consent to be valid, it cannot be obtained by a consumer (1) accepting a general terms of use or similar agreement, (2) hovering over, muting, pausing, or closing a piece of content, or (3) agreeing where such agreement was obtained though deceptive design.

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