Washington governor signs law setting new limits on the sale of customer health data

Washington Gov. Jay Inslee (D) signed a law Thursday that aims to protect customer health data on third-party apps, especially those used for reproductive health tracking.

The “My Health, My Data Act” was passed by the state legislature earlier this month and aims to expand privacy protections associated with collecting, sharing and selling health data of consumers. Inslee noted in a Medium post that some apps can track and share a user’s health data, adding that the new protections are “more necessary with the attack on abortion care” in other states.

“My Health, My Data protects the independence and dignity of individuals when they make healthcare decisions,” bill sponsor state Rep. Vandana Slatter (D) said in a statement. “It prevents vulnerabilities in the technological era that are being used to target and exploit consumers who may not be aware of the vast data that everything from our watches and phones collect.”

Millions of Americans use mobile apps — like Flo, Ovia and Period Tracker Period Calendar — to track their menstrual cycles and reproductive health.

After Roe v. Wade was struck down by the Supreme Court last year, many people started to raise concerns that their data in these apps could be used by law enforcement to enforce abortion bans or restrictions.

A study conducted last year found that many popular menstrual cycle tracking applications had vague privacy policies, meaning that a user’s data could be at risk. The new law will now require companies to get “explicit consent” from a consumer before using their data for sharing, collecting or selling purposes.

The “My Health, My Data Act” was one of five bills signed by Inslee on Thursday that are aimed at protecting reproductive health care. The other newly signed bills include authorizing the distribution of a three-year mifepristone stockpile, prohibiting “compliance with out-of-state subpoenas” related to abortion and gender affirming health care, expanding health provider protections and eliminating cost-sharing for abortions.

“The right of choice is an issue of freedom,” Inslee said said in a statement. “Health care must remain the providence of individual Washingtonians. These laws will keep the tentacles of oppressive and overreaching states out of Washington.”