International
Asia Pacific
EMEA
North America
Latin America
Organizations subject to the Washington State My Health My Data Act (generally any organization with physical premises in Washington, and many organizations without it) are preparing for compliance by 31 March 2024. And should, in addition to the overall compliance requirements and immediate action items, be aware that the Washington Attorney General updated its guidance on the requirements for a consumer health privacy policy.
Section 4(1)(b) of the My Health My Data Act explicitly provides that “[a] regulated entity and a small business shall prominently publish a link to its consumer health data privacy policy on its homepage.” The Attorney General guidance now interprets this statutory requirement to mean that "the Consumer Health Privacy Policy must be a separate and distinct link on the regulated entity’s homepage and may not contain additional information not required under the My Health My Data Act" (emphasis added).
So while the statue does not expressly require the consumer health data privacy policy to be standalone or to be specifically called "consumer health data privacy policy", per the new guidance, regulated entities drafting disclosures to comply should consider staying close to the My Health My Data Act requirements and terminology and post a standalone link and consumer health privacy policy on each website where any personal information is collected. Adding another link to website footers may not be welcomed by organizations, but would be required to follow the Washington Attorney General guidance.
Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.
Are you sure want to delete comment ?
Scan this QR Code to share this content