Now enacted, the Washington My Health My Data Act stands as a milestone in privacy legislation for 2023. It is arguably the most impactful privacy legislation since the original California Consumer Privacy Act (CCPA) passed in 2018.
The Act’s extensive jurisdiction, formidable substantive duties combined with its ambiguously defined terms and a full private right of action pose a considerable challenge and risk for entities striving to conform to its regulations.
WR is working closely with the AG’s MHMD Guidance team to offer guidance. Although the guidance publication presents seven “frequently asked questions” and addresses one of the most significant areas of Uncertainty -the effective dates and several other aspects, it regrettably leaves some important questions unanswered. WR will be advocating for “clean-up” legislation to clarify some of the shortcomings of the new law.
Detrimental federal data privacy legislation is also pending before Congress which contains a private right of action and lacks robust state pre-emption. Several in our delegation are closely involved including Senator Cantwell, and Congresswoman and committee of jurisdiction chair, McMorris-Rodgers.
WR is carefully monitoring privacy legislation both in Washington State and at the federal level. We are active participants on the National Retail Federation Data Privacy Workgroup – charged with navigating the federal bills.