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| 1 minute read

New FAQs Shed Light on Washington My Health My Data Act

Washington's Attorney General issued a short set of FAQs for the Washington My Health My Data Act. These FAQs may be updated periodically and may provide a useful resource for companies as they work through the law's requirements. 

A few highlights from this round:

  • The FAQs confirm that while the geofencing restrictions will be effective on July 23, 2023, the other provisions will not be in effect until March 2024 (June 2024 for small businesses).
  • The Act will apply to all businesses that conduct business in Washington (or provide services or products to Washington) and process the personal data covered by the Act. An entity that only stores data in Washington is not subject to the Act. Out-of-state entities that are processors for regulated entities or small businesses must comply with the Act.
  • Businesses covered by the Act must place a separate link to their Consumer Health Data Privacy Policy on the company’s homepage.
  • While information like the purchase of toiletries is not, on its own, consumer health data, if that information is used to make inferences about someone's physical or mental health status, those inferences will be considered consumer health data. 
Generally, all persons and businesses that conduct business in Washington (or provide services or products to Washington), and that collect, process, share, or sell consumer health data are impacted by the Act. Subject to some exceptions, a regulated entity is a legal entity that (a) conducts business in Washington, or produces or provides products or services that are targeted to consumers in Washington and (b) alone or jointly with others, determines the purpose and means of collecting, processing, sharing, or selling of consumer health data. An entity that only stores data in Washington is not a regulated entity.

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privacy security & data innovations