New Health Privacy Law Brings Enforcement Risks for Washington Businesses: Prioritizing Data Privacy and Security is Key to Compliance

In April 2023, the My Health My Data Act was passed in response to the US Supreme Court’s decision on abortion rights. This comprehensive health privacy law provides Washington residents with some of the most extensive health information privacy protections in the country. 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.

As a result of this new legislation, businesses in Washington state that handle health-related data will face new litigation and enforcement risks next week. Even companies that did not see themselves as dealing with health data before could be targeted with expensive legal action for perceived violations. To avoid costly penalties and reputational damage associated with violations of this legislation, it is crucial for companies to prioritize data privacy and security. They must carefully assess their data handling practices and ensure they are in compliance with the My Health My Data Act to mitigate legal risks.

The enforcement mechanisms for this law are expected to be robust, with potential for class-action lawsuits and investigations by regulatory authorities. Companies must take this legislation seriously and implement policies that protect their customers’ sensitive health information while still allowing them to access the care they need. With so much at stake, it’s time for businesses in Washington state to take action to ensure they are compliant with this important piece of legislation.