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My Body, My Data Act of 2022
12/29/2022, 5:18 PM
Summary of Bill HR 8111
The bill includes provisions that require health care providers, insurance companies, and other entities that collect health data to obtain explicit consent from individuals before collecting or sharing their data. It also mandates that individuals have the right to access and correct their health data, as well as the right to request that their data be deleted.
Additionally, the My Body, My Data Act of 2022 aims to increase transparency around how health data is used and shared, requiring entities to provide clear explanations of their data practices to individuals. The bill also includes penalties for entities that violate these provisions, in order to ensure compliance with the new regulations. Overall, the My Body, My Data Act of 2022 seeks to empower individuals to have greater control over their personal health data and protect their privacy in an increasingly digital world.
Congressional Summary of HR 8111
My Body, My Data Act of 2022
This bill establishes protections, subject to certain limits, for personal reproductive or sexual health information. This includes information relating to past, present, or future surgeries or procedures, such as the termination of a pregnancy.
Specifically, commercial entities, including individuals, nonprofits, and common carriers, may not collect, retain, use, or disclose personal reproductive or sexual health information except (1) with the express written consent of the individual to whom such information relates, or (2) as is strictly necessary to provide a requested product or service.
Commercial entities also must provide individuals with access to, and a reasonable mechanism to delete, any of their reproductive or sexual health information upon request. Further, commercial entities must maintain and publish a privacy policy describing their practices with respect to such information.
The bill's provisions do not apply to entities that are subject to certain existing health-related privacy regulations, such as the privacy regulations issued under the Health Insurance Portability and Accountability Act of 1996. Additionally, the provisions do not apply to the disclosure of personal reproductive or sexual health information for the publication of newsworthy information of legitimate public concern.
The bill provides for enforcement by the Federal Trade Commission and by private civil actions.
