My Health My Data Act: Consumer Rights

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In this second post in our ongoing series, we examine the scope of rights given to consumers under the recently enacted My Health My Data Act. (Visit here for information on the scope of the law). The law provides consumers several rights, all of which are in other privacy laws. However, the requirements associated with some of these rights create some unique challenges.

Under this law, consumers have a right of access, a right to delete, a right to withdraw consent, and a right to not be discriminated against for exercising their rights.

• Right to access. This gives consumers the right to confirm whether a regulated entity is collecting, sharing, or selling consumer health data about them. It also gives them a right to access such data. It goes further than other privacy laws by also giving consumers a right to receive a list of all third parties and affiliates with whom the regulated entity has shared or sold the consumer health data and a