On October 5, 2023, Seyfarth offered a Masterclass, hosted by Lexology, which was designed to familiarize in-house counsel and privacy professionals, in and out of Washington state, with the My Health My Data Act legislation. Portions of the Act are already in effect and go into further effect on March 31, 2024.

We explored its

Thursday, October 5, 2023
1:00 p.m. – 2:00 p.m. ET
12:00 p.m. – 1:00 p.m. CT
11:00 a.m. – 12:00 p.m. MT
10:00 a.m. – 11:00 a.m. PT

REGISTER HERE

About the Program

Seyfarth is pleased to offer this Masterclass, hosted by Lexology, which is designed to familiarize in-house counsel and privacy professionals, in and

The My Health My Data Act (“Act”) was approved by the Washington State House on April 17, 2023. The Act is now with Governor Jay Inslee for signature and is expected to be signed into law in its current form, which is broad enough to warrant anyone with any activity in Washington to consider its scope and implications for operations. Because the Act will be enforceable through a private right of action, it has the potential to create substantial legal exposure for violations.

The Act creates new and unique consumer rights and obligations for business relating to the collection, sharing, and use of “Consumer Health Data” (“CHD”). It expressly aims to “close the gap between consumer knowledge and industry practice” by expanding obligations related to processing of CHD to entities not covered by HIPAA. However, it is significantly broader in potential scope, including, in part, due to the gaping definition of CHD (which expressly includes data that identifies past, present, or future physical or mental health status, for example, “bodily functions” and “precise location information that could reasonably indicate an attempt to receive health services or supplies”). The Act will impact a range of business, including advertisers, mobile app providers like health and wellness trackers, wearable device manufacturers and, of course, healthcare and wellness industry companies and their data processors handling non-HIPAA-regulated CHD. Notably, the Act expressly addresses abortion/reproductive health services and gender-affirming care services (including by making it unlawful for any person to use a “geofence” (or virtual boundary) around a facility that provides health care services) for the purposes of identifying or tracking consumers seeking such services; collecting CHD from consumers; or sending them notifications, messages, or advertisements related to their CHD or health care services. This restriction applies regardless of consent or opt-in.Continue Reading Washington’s “My Health My Data” Act

As we have been covering, the Supreme Court has overturned Roe v. Wade in their Dobbs v. Jackson Women’s Health Organization, leaving it to states to regulate access to abortion in their territory. The Biden Administration’s response to the overturning of Roe v. Wade in Dobbs v. Jackson Women’s Health Organization is taking shape and it has directed the Federal governmental agencies to look at what they can and should do to protect women’s health and privacy. Over the last few weeks, those agencies have been weighing in.

Initially, during the week of June 27th, we saw the following agency activity:Continue Reading Federal Government Response to Dobbs Begins to Take Shape

This was originally published as a Seyfarth Legal Update.

Seyfarth Synopsis: As the world progresses with COVID vaccinations, the scenario where you have to show a COVID passport before crossing a border, taking a public mode of transportation, or entering a public space like a cinema no longer seems like a scene out of a dystopian sci-fi movie. Colloquially dubbed the “COVID passport,” the concept refers to various forms of a certificate of COVID vaccination and/or negative test status recognized on a national or inter-state basis, the use of which remains a controversial topic at this juncture, giving rise to technical, legal and ethical concerns.

Having said that, some countries have already adopted or proposed adopting various versions of COVID passports on a national or inter-member states basis, such as the “Green Pass” for visiting certain premises or events within Israel[1], the “Green Health Code” for domestic travel and entry into certain premises within mainland China[2], and the proposed “Digital Green Certificate” for travelling between member countries of EU and abroad[3]. The decentralized initial approach and the practical challenges of implementing an universally recognized COVID passport remains as the world grapples with the COVID-19 pandemic.
Continue Reading Overview of Technology and Data Privacy Issues Arising from COVID Passports

From court closures and the way judges conduct appearances and trials to the expected wave of lawsuits across a multitude of areas and industries, the COVID-19 outbreak is having a notable impact in the litigation space—and is expected to for quite some time.

To help navigate the litigation landscape, we are kicking off a webinar