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Law: Please note this State does not have a general privacy law in effect, you can visit US State Law Tracker to monitor the progress of US State bills.

Regulator: The Washington Attorney General ('AG')

Summary: The Constitution of the State of Washington explicitly recognizes an individual's right to privacy. Privacy is also protected among the various Torts of Law such as public disclosure of private facts and false light privacy. In addition, the State of Washington has enacted several laws that safeguard personal information and an individual's right to privacy. Most recently, Washington passed the My Health, My Data Act which regulates the collection, sharing, and selling of consumer health data. The My Health, My Data Act enters into force on March 31, 2024, and June 30, 2024, for small businesses.

You can follow legislative developments in Washington through the US State Law Tracker


In this Insight Article, Jennie Cunningham, from Kilpatrick Townsend & Stockton, explores the evolving landscape of health data privacy regulations in the US, with a focus on Washington's My Health My Data Act (the Act) and Nevada's Senate Bill No. 370 for An Act relating to data privacy (SB 370), both of which expand data protection beyond federal law standards.

Washington state passed the My Health, My Data Act (the Act) on April 27, 2023. Regulated entities are required to comply with most obligations from March 31, 2024 with small businesses being required to comply from June 30, 2024. The Act can be enforced through a private right of action. Helena Engfeldt, Partner at Baker McKenzie LLP, details the provisions of the Act and some tips for compliance.