New Washington Health Data Privacy Law Poses Legal Challenges

Next week, businesses in Washington state that handle health-related data will face new litigation and enforcement risks as a comprehensive health privacy law goes into effect. The My Health My Data Act, passed in April 2023 as a response to the US Supreme Court’s decision on abortion rights, provides Washington residents with some of the most extensive health information privacy protections in the country. This law has raised concerns across various industries as companies, even those that didn’t see themselves as dealing with health data before, could be targeted with expensive legal action for perceived violations.

The law establishes broad rights for individuals regarding their health information, including the right to access, correct, and delete data, as well as opt-out of certain uses. It also imposes significant obligations on businesses that handle health data, requiring them to implement specific cybersecurity measures and provide notifications in case of data breaches. Violations of the law can result in substantial fines and legal consequences for non-compliance.

Businesses in Washington state will need to carefully assess their data handling practices and ensure they are in compliance with the My Health My Data Act to mitigate legal risks. The law’s enforcement mechanisms are expected to be robust, with potential for class-action lawsuits and investigations by regulatory authorities. It is crucial for companies to prioritize data privacy and security to avoid costly penalties and reputational damage associated with violations of this legislation.