Washington's "My Health My Data" Act

The My Health My Data Act ("Act") was approved by the Washington State House on April 17, 2023. The Act is now with Governor Jay Inslee for signature and is expected to be signed into law in its current form, which is broad enough to warrant anyone with any activity in Washington to consider its scope and implications for operations. Because the Act will be enforceable through a private right of action, it has the potential to create substantial legal exposure for violations.

The Act creates new and unique consumer rights and obligations for business relating to the collection, sharing, and use of "Consumer Health Data" ("CHD"). It expressly aims to "close the gap between consumer knowledge and industry practice" by expanding obligations related to processing of CHD to entities not covered by HIPAA. However, it is significantly broader in potential scope, including, in part, due to the gaping definition of CHD (which expressly includes data that identifies past,