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S. 2885·116th Congress·Senate Bill

SMARTWATCH Data Act

Stage not supplied

The source supplies the latest action, but no lifecycle stage.

Latest action (18 Nov 2019): Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

What this bill does

The SMARTWATCH Data Act (S. 2885) would restrict how companies handle personal health data collected by consumer devices such as fitness trackers and smartwatches. It defines "consumer health information" broadly to include health status, biometric data (such as fingerprints, facial imagery, or DNA), and kinesthetic data (such as sleep patterns or gait). The bill would generally prohibit entities that collect this information from selling, sharing, or transferring it to data brokers or other companies for profit or commercial advantage, and would bar transfers to any entity outside U.S. jurisdiction, unless certain exceptions apply. Exceptions include cases where the consumer gives informed consent, the recipient is a HIPAA-covered entity, the transfer is required by law enforcement or legal process, it involves a corporate transaction like a merger, or it goes to research or nonprofit institutions for security, fraud prevention, or research purposes. Health data received by HIPAA-covered entities or their business associates would be treated as protected health information under existing federal privacy rules.

The bill would primarily affect companies that make or operate wearable devices and apps collecting health-related data, as well as data brokers and other firms that might otherwise buy or receive such information. Consumers who use these devices would gain protections limiting the resale or foreign transfer of their health data without consent or another qualifying exception.

The bill was introduced in the Senate on November 18, 2019, by Senator Bill Cassidy (R-LA), with Senator Jacky Rosen as a cosponsor, and was referred to the Senate Committee on Health, Education, Labor, and Pensions. It did not receive a vote and did not become law in the 116th Congress.

Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.

Official summary

Stop Marketing And Revealing The Wearables And Trackers Consumer Health Data Act or the SMARTWATCH Data Act

This bill prohibits entities that collect personal health information from consumer devices (e.g., smart watches) from transferring, selling, sharing, or allowing access to individually identifiable consumer health information from such devices for commercial purposes, subject to certain exceptions such as if an entity obtains informed consent from the consumer or sends such information to a health plan or health provider.

Timeline

  1. 18 Nov 2019

    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Common questions

What does S. 2885 do?
The SMARTWATCH Data Act (S. 2885) would restrict how companies handle personal health data collected by consumer devices such as fitness trackers and smartwatches. It defines "consumer health information" broadly to include health status, biometric data (such as fingerprints, facial imagery, or DNA), and kinesthetic data (such as sleep patterns or gait). The bill would generally prohibit entities that collect this information from selling, sharing, or transferring it to data brokers or other companies for profit or commercial advantage, and would bar transfers to any entity outside U.S. jurisdiction, unless certain exceptions apply. Exceptions include cases where the consumer gives informed consent, the recipient is a HIPAA-covered entity, the transfer is required by law enforcement or legal process, it involves a corporate transaction like a merger, or it goes to research or nonprofit institutions for security, fraud prevention, or research purposes. Health data received by HIPAA-covered entities or their business associates would be treated as protected health information under existing federal privacy rules. The bill would primarily affect companies that make or operate wearable devices and apps collecting health-related data, as well as data brokers and other firms that might otherwise buy or receive such information. Consumers who use these devices would gain protections limiting the resale or foreign transfer of their health data without consent or another qualifying exception. The bill was introduced in the Senate on November 18, 2019, by Senator Bill Cassidy (R-LA), with Senator Jacky Rosen as a cosponsor, and was referred to the Senate Committee on Health, Education, Labor, and Pensions. It did not receive a vote and did not become law in the 116th Congress.
Has S. 2885 become law?
The source does not supply a confirmed lifecycle stage for S. 2885. Check the latest action and official source below.
Who sponsored S. 2885?
S. 2885 was sponsored by Sen. Cassidy, Bill [R-LA] (R-LA), with 1 cosponsor.
What's the latest action on S. 2885?
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (18 Nov 2019).

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