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California: Governor signs bill on mental health digital services and mental health application information

Assembly Bill ('AB') 2089 Privacy: mental health digital services: mental health application information was signed, on 28 September 2022, by Governor Gavin Newsom. In particular, the bill revises the definition of medical information to include mental health application information, which is defined as information related to a consumer's inferred or diagnosed mental health or substance use disorder, as specified, collected by a mental health digital service.

Furthermore, the bill provides that any business that offers a mental health digital service to a consumer for the purpose of allowing the individual to manage their information, or for the diagnosis, treatment, or management of a medical condition, is deemed to be a provider of healthcare and will be subject to the requirements of the Confidentiality of Medical Information Act ('CMIA'). In addition, the bill requires that businesses that offer a mental health digital service, when partnering with a provider of healthcare, provide information regarding how to find data breaches reported on the internet website of the Attorney General.

You can read the press release here.