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RCW Chapter 19.373
Washington My Health My Data Act
Prepared by Shubhank Suman · Last reviewed
Status not verified beyond supplied text
- Legal character
- State statute
- Region
- North America
What it covers
Protects reasonably linkable consumer health information, including mental and physical health, reproductive care, biometrics, genetics, health-indicative location and health information inferred from other data using algorithms or machine learning. It regulates privacy disclosures, collection and sharing, consumer requests, security, processors, sales and certain health-facility geofences.
Why it matters
Addresses health-data privacy outside the information protected by HIPAA and other listed regimes. Small businesses are covered; information-level exemptions must not be mistaken for blanket exemptions for every record held by a health-care organisation.
Refer to it when
Research health apps, health-related advertising, inferred health profiles, consumer health-data sales or location tracking involving Washington residents or data collected in Washington.
AI, privacy and cybersecurity relevance
- AI: High
- Privacy: Very High
- Cyber: High
AI
HIGH RELEVANCE
Expressly includes health data derived by algorithms and machine learning; this is a health-data law, not a general AI framework.
Privacy
VERY HIGH RELEVANCE
Consent, health-data rights, sale authorisation and geofencing restrictions.
Cybersecurity
HIGH RELEVANCE
Access limits, security practices and processor controls.
Applicability
Washington residents and individuals whose consumer health data is collected in Washington, subject to the consumer, regulated-entity and small-business definitions and RCW 19.373.100 exclusions.
Read first
RCW 19.373.010 → .100 (exemptions) → .020-.040 → .050-.080 → .090.
Provisions / sections covered
RCW 19.373.010 - Definitions and scope
Consumer health data includes algorithmic inferences. Consumers act in an individual or household context, not employment. Regulated entities target or conduct business in Washington; government and other definition-level exclusions apply.
RCW 19.373.020-.040 - Policy, consent and rights
Requires health-data privacy disclosures, separate collection/sharing consent unless the requested-service necessity exception applies, and access, withdrawal, deletion and appeal mechanisms.
RCW 19.373.050-.060 - Security and processors
Restricts employee/processor access and requires appropriate administrative, technical and physical security; processing is governed by instructions and a binding contract.
RCW 19.373.070-.080 - Sales and geofencing
Sales require a distinct signed authorisation. The geofence prohibition concerns specified identification, tracking, collection and health-related messaging purposes around in-person health-care services, not every use of geographic boundaries.
RCW 19.373.090-.100 - Enforcement and exemptions
Incorporates the Consumer Protection Act. Check the enumerated health, research and other information exemptions, including information governed by GLBA and FERPA.
Subject-matter tags
- Consent
- Erasure and deletion
- Profiling
- Controller and processor
- Biometrics
- Health data
- Employment data
- Enforcement and penalties
Subject-matter tags describe what the indexed text discusses. They are not legal conclusions.
Related instruments in this library
- HIPAA: United StatesLaw · Current (amended)Health-data boundary: check the PHI exemption; HIPAA does not protect all health-app data.
- FTC Health Breach Notification RuleRegulation · Status not verifiedSeparate federal breach-notification duties may apply to qualifying non-HIPAA personal health records.
- Gramm-Leach-Bliley Act – Privacy (15 U.S.C. Chapter 94)Law · Current (amended)RCW 19.373.100 expressly exempts qualifying GLBA-governed information.
- FERPA Regulations - Family Educational Rights and PrivacyRegulation · Status not verifiedRCW 19.373.100 expressly addresses FERPA-governed information.
Document page in the Knowledge Base - full text or PDF where it is available for this record.
This library locates primary and official sources. It does not interpret the law and it is not legal advice.