Stop Commercial Use of Health Data Act
Latest action (2 Aug 2022): Introduced
What this bill does
S. 4738, the Stop Commercial Use of Health Data Act, would prohibit covered entities from using an individual's personally-identifiable health data—gathered from sources such as medical records, wearable fitness trackers, or web browsing history—for commercial advertising, with an exception for public health campaigns. The bill would also require covered entities to provide individuals an easy way to access or request deletion of their health data within 45 days, at no charge, without altering existing obligations under HIPAA.
The law would apply to "covered entities," defined as persons subject to the Federal Trade Commission Act that collect the personally-identifiable health data of at least 1,000 U.S. individuals annually. This would primarily affect businesses that gather health-related information for marketing purposes, while individuals whose data is collected would gain new rights to access, delete, and limit commercial use of that information. Violations would be treated as unfair or deceptive practices enforceable by the FTC, and individuals harmed by violations could sue for statutory or actual damages plus attorney's fees. The FTC would also be directed to define key terms, such as "personally-identifiable health data" and "public health campaign," through rulemaking within 180 days of enactment.
The bill was introduced by Senator Amy Klobuchar, with Senator Sheldon Whitehouse as a cosponsor, on August 2, 2022, during the 117th Congress, and was referred to the Senate Committee on Commerce, Science, and Transportation. It did not receive a committee vote or further action before the end of that Congress, meaning it did not become law and would need to be reintroduced to be considered again.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Stop Commercial Use of Health Data Act
This bill prohibits commercial entities from using personal health data for commercial advertising.
Common questions
- What does S. 4738 do?
- S. 4738, the Stop Commercial Use of Health Data Act, would prohibit covered entities from using an individual's personally-identifiable health data—gathered from sources such as medical records, wearable fitness trackers, or web browsing history—for commercial advertising, with an exception for public health campaigns. The bill would also require covered entities to provide individuals an easy way to access or request deletion of their health data within 45 days, at no charge, without altering existing obligations under HIPAA. The law would apply to "covered entities," defined as persons subject to the Federal Trade Commission Act that collect the personally-identifiable health data of at least 1,000 U.S. individuals annually. This would primarily affect businesses that gather health-related information for marketing purposes, while individuals whose data is collected would gain new rights to access, delete, and limit commercial use of that information. Violations would be treated as unfair or deceptive practices enforceable by the FTC, and individuals harmed by violations could sue for statutory or actual damages plus attorney's fees. The FTC would also be directed to define key terms, such as "personally-identifiable health data" and "public health campaign," through rulemaking within 180 days of enactment. The bill was introduced by Senator Amy Klobuchar, with Senator Sheldon Whitehouse as a cosponsor, on August 2, 2022, during the 117th Congress, and was referred to the Senate Committee on Commerce, Science, and Transportation. It did not receive a committee vote or further action before the end of that Congress, meaning it did not become law and would need to be reintroduced to be considered again.
- Has S. 4738 become law?
- Not yet. As of 2 Aug 2022, S. 4738 is introduced.
- Who sponsored S. 4738?
- S. 4738 was sponsored by Sen. Amy Klobuchar [D-MN] (Democrat-MN), with 1 cosponsor.
- What's the latest action on S. 4738?
- Introduced (2 Aug 2022).
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