New Health Data Privacy Law in Washington State: Legal and Enforcement Risks for Businesses

Washington state businesses that handle health-related data will face new legal and enforcement risks next week with the implementation of the My Health My Data Act. Passed in April 2023, this law provides Washington residents with some of the most comprehensive health information privacy protections in the country. This legislation 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.

Under the My Health My Data Act, individuals have broad rights regarding their health information, including the right to access, correct, and delete data, as well as opt-out of certain uses. This law 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.

To avoid costly penalties and reputational damage associated with violations of this legislation, 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. 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 mitigate legal risks and protect their reputation.