Public Health Emergency Privacy Act
Latest action (14 May 2020): Introduced
What this bill does
H.R. 6866, the Public Health Emergency Privacy Act, was introduced in May 2020 to regulate how organizations collect, use, and disclose "emergency health data" related to COVID-19. It would require covered organizations—entities that collect such data electronically or operate apps/websites for COVID-19 tracking, screening, or contact tracing—to obtain affirmative consent before collecting data, limit use to necessary public-health purposes, maintain data security, provide clear privacy notices, allow individuals to revoke consent, and destroy data within set timeframes after the emergency ends or after collection. It would ban certain uses, such as commercial advertising or discriminatory decisions in employment, insurance, housing, or education based on this data, and would prohibit using health data to interfere with voting rights.
The bill primarily affects companies and government entities handling COVID-19-related personal data, such as contact-tracing apps, but exempts health care providers, public health authorities, and HIPAA-covered entities, which would instead receive separate guidance from HHS. Individuals would gain new privacy rights and, in the voting-rights section, the ability to sue government entities for violations. The Federal Trade Commission would enforce the Act, including through rulemaking, and HHS would report to Congress on civil rights impacts of pandemic-related data practices.
The bill was referred to the House Committee on Energy and Commerce after introduction on May 14, 2020, in the 116th Congress. It did not receive a vote and did not become law; any further action would require reintroduction in a later Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Public Health Emergency Privacy Act
This bill imposes requirements on covered organizations concerning the privacy, confidentiality, and security of COVID-19 (i.e., coronavirus disease 2019) emergency health data, which is data that is linked to an individual or device, such as test results. Covered organizations include those that collect, use, or disclose such data electronically or that develop or operate websites or applications for contact tracing and other COVID-19 response activities.
Among other actions, covered organizations must provide notice of privacy and other policies, as well as ensure the accuracy of, prevent discrimination based on, and limit disclosure of the data. Covered organizations that collect data from at least 100,000 individuals must publicly report additional information about how they use and disclose the data. The bill also prohibits the use of emergency health data for commercial advertising or in ways that restrict access to opportunities, services, and other accommodations.
In addition, government entities and covered organizations shall not use emergency health data to infringe on the right to vote. The Department of Health and Human Services must report on the civil rights impact of the collection, use, and disclosure of health data.
The bill provides for enforcement by the Federal Trade Commission, states, and a private right of action and specifies that pre-dispute resolution mechanisms, such as arbitration, are unenforceable with respect to disputes arising under the bill.
Common questions
- What does H.R. 6866 do?
- H.R. 6866, the Public Health Emergency Privacy Act, was introduced in May 2020 to regulate how organizations collect, use, and disclose "emergency health data" related to COVID-19. It would require covered organizations—entities that collect such data electronically or operate apps/websites for COVID-19 tracking, screening, or contact tracing—to obtain affirmative consent before collecting data, limit use to necessary public-health purposes, maintain data security, provide clear privacy notices, allow individuals to revoke consent, and destroy data within set timeframes after the emergency ends or after collection. It would ban certain uses, such as commercial advertising or discriminatory decisions in employment, insurance, housing, or education based on this data, and would prohibit using health data to interfere with voting rights. The bill primarily affects companies and government entities handling COVID-19-related personal data, such as contact-tracing apps, but exempts health care providers, public health authorities, and HIPAA-covered entities, which would instead receive separate guidance from HHS. Individuals would gain new privacy rights and, in the voting-rights section, the ability to sue government entities for violations. The Federal Trade Commission would enforce the Act, including through rulemaking, and HHS would report to Congress on civil rights impacts of pandemic-related data practices. The bill was referred to the House Committee on Energy and Commerce after introduction on May 14, 2020, in the 116th Congress. It did not receive a vote and did not become law; any further action would require reintroduction in a later Congress.
- Has H.R. 6866 become law?
- Not yet. As of 14 May 2020, H.R. 6866 is introduced.
- Who sponsored H.R. 6866?
- H.R. 6866 was sponsored by Rep. Anna Eshoo [D-CA16, 2023-2024] (Democrat-CA), with 37 cosponsors.
- What's the latest action on H.R. 6866?
- Introduced (14 May 2020).
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