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S. 4434·117th Congress·Senate Bill

My Body, My Data Act of 2022

IntroducedTrack

Latest action (16 Jun 2022): Introduced

What this bill does

Plain-English summary

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Official summary

My Body, My Data Act of 2022

This bill establishes protections, subject to certain limits, for personal reproductive or sexual health information. This includes information relating to past, present, or future surgeries or procedures, such as the termination of a pregnancy.

Specifically, commercial entities, including individuals, nonprofits, and common carriers, may not collect, retain, use, or disclose personal reproductive or sexual health information except (1) with the express written consent of the individual to whom such information relates, or (2) as is strictly necessary to provide a requested product or service.

Commercial entities also must provide individuals with access to, and a reasonable mechanism to delete, any of their reproductive or sexual health information upon request. Further, commercial entities must maintain and publish a privacy policy describing their practices with respect to such information.

The bill's provisions do not apply to entities that are subject to certain existing health-related privacy regulations, such as the privacy regulations issued under the Health Insurance Portability and Accountability Act of 1996. Additionally, the provisions do not apply to the disclosure of personal reproductive or sexual health information for the publication of newsworthy information of legitimate public concern.

The bill provides for enforcement by the Federal Trade Commission and by private civil actions.

Common questions

What does S. 4434 do?
My Body, My Data Act of 2022 This bill establishes protections, subject to certain limits, for personal reproductive or sexual health information. This includes information relating to past, present, or future surgeries or procedures, such as the termination of a pregnancy. Specifically, commercial entities, including individuals, nonprofits, and common carriers, may not collect, retain, use, or disclose personal reproductive or sexual health information except (1) with the express written consent of the individual to whom such information relates, or (2) as is strictly necessary to provide a requested product or service. Commercial entities also must provide individuals with access to, and a reasonable mechanism to delete, any of their reproductive or sexual health information upon request. Further, commercial entities must maintain and publish a privacy policy describing their practices with respect to such information. The bill's provisions do not apply to entities that are subject to certain existing health-related privacy regulations, such as the privacy regulations issued under the Health Insurance Portability and Accountability Act of 1996. Additionally, the provisions do not apply to the disclosure of personal reproductive or sexual health information for the publication of newsworthy information of legitimate public concern. The bill provides for enforcement by the Federal Trade Commission and by private civil actions.
Has S. 4434 become law?
Not yet. As of 16 Jun 2022, S. 4434 is introduced.
Who sponsored S. 4434?
S. 4434 was sponsored by Sen. Mazie Hirono [D-HI] (Democrat-HI), with 12 cosponsors.
What's the latest action on S. 4434?
Introduced (16 Jun 2022).

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