Public Health Emergency Privacy Act
The source supplies the latest action, but no lifecycle stage.
Latest action (14 May 2020): Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
What this bill does
The Public Health Emergency Privacy Act, if enacted, would establish rules for how organizations handle health data related to the COVID-19 public health emergency. It would require these "covered organizations" to provide notice of their data policies, ensure data accuracy, prevent discrimination based on the data, and limit its disclosure. Organizations collecting data from over 100,000 individuals would need to publicly report how they use and share that data.
The bill would also prohibit using this emergency health data for commercial advertising or in ways that unfairly restrict access to opportunities or services. It specifically states that such data cannot be used to infringe on an individual's right to vote. The Department of Health and Human Services would be required to report on the civil rights impacts of collecting and using this health data.
This bill was introduced in the Senate in May 2020 and has not moved beyond that initial stage. If it were to advance, it would go through committee review, floor debate, and potentially votes in both the Senate and the House of Representatives before it could be sent to the President. The bill also provides for enforcement by the Federal Trade Commission and states, and allows individuals to file lawsuits for violations.
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.
Timeline
14 May 2020
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Common questions
- What does S. 3749 do?
- The Public Health Emergency Privacy Act, if enacted, would establish rules for how organizations handle health data related to the COVID-19 public health emergency. It would require these "covered organizations" to provide notice of their data policies, ensure data accuracy, prevent discrimination based on the data, and limit its disclosure. Organizations collecting data from over 100,000 individuals would need to publicly report how they use and share that data. The bill would also prohibit using this emergency health data for commercial advertising or in ways that unfairly restrict access to opportunities or services. It specifically states that such data cannot be used to infringe on an individual's right to vote. The Department of Health and Human Services would be required to report on the civil rights impacts of collecting and using this health data. This bill was introduced in the Senate in May 2020 and has not moved beyond that initial stage. If it were to advance, it would go through committee review, floor debate, and potentially votes in both the Senate and the House of Representatives before it could be sent to the President. The bill also provides for enforcement by the Federal Trade Commission and states, and allows individuals to file lawsuits for violations.
- Has S. 3749 become law?
- The source does not supply a confirmed lifecycle stage for S. 3749. Check the latest action and official source below.
- Who sponsored S. 3749?
- S. 3749 was sponsored by Sen. Blumenthal, Richard [D-CT] (D-CT), with 12 cosponsors.
- What's the latest action on S. 3749?
- Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (14 May 2020).
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