SMARTWATCH Data Act
The source supplies the latest action, but no lifecycle stage.
Latest action (1 Mar 2021): Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
What this bill does
The SMARTWATCH Data Act (S. 500) would restrict how companies handle personal health information collected by consumer devices such as fitness trackers, smartwatches, and similar wearables. Specifically, it would bar entities that collect this "consumer health information" — data on health status, biometric traits, or kinesthetic patterns like gait or sleep — from selling, sharing, or transferring that information to domestic data brokers for profit or commercial gain, and from transferring it to any data broker or entity outside U.S. jurisdiction. The bill includes exceptions, such as when a consumer gives informed consent, when data goes to a HIPAA-covered health entity, when required by law enforcement, during corporate transactions like mergers, or when shared with research or nonprofit organizations for purposes like fraud prevention or public safety. It also specifies that if a HIPAA-covered entity receives this device-generated health data, it must be treated the same as other protected health information under existing federal privacy rules.
The bill would primarily affect makers and users of wearable health devices, data brokers, and companies that collect or process consumer health data, as well as consumers whose personal health information is gathered through such devices. Enforcement would fall to the Secretary of Health and Human Services, using the same procedures used to enforce HIPAA privacy regulations.
The bill was introduced by Senator Bill Cassidy, with Senator Jacky Rosen as a cosponsor, on March 1, 2021, during the 117th Congress, and was referred to the Senate Committee on Health, Education, Labor, and Pensions. It did not receive a vote and did not become law; no further action occurred before the end of that 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 restricts the commercial use of identifiable personal health information derived from a smartwatch or similar consumer device. The Department of Health and Human Services must enforce these restrictions.
Specifically, an entity that collects personal health information from consumer devices may not transfer, sell, or otherwise allow domestic entities to access such information if the purpose is to increase profits or generate commercial value. However, the bill sets out certain exceptions to this prohibition, including where the consumer provided informed consent or where the information is necessary for specified business transactions.
Furthermore, an entity that collects personal health information derived from consumer devices may not allow foreign entities to access such information unless there are certain privacy and security protections in place.
In addition, any personal health information derived from a consumer device and received by health care providers, health plans, or their business associates is considered protected health information and thus subject to applicable federal privacy standards governing its use and disclosure.
Timeline
1 Mar 2021
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Common questions
- What does S. 500 do?
- The SMARTWATCH Data Act (S. 500) would restrict how companies handle personal health information collected by consumer devices such as fitness trackers, smartwatches, and similar wearables. Specifically, it would bar entities that collect this "consumer health information" — data on health status, biometric traits, or kinesthetic patterns like gait or sleep — from selling, sharing, or transferring that information to domestic data brokers for profit or commercial gain, and from transferring it to any data broker or entity outside U.S. jurisdiction. The bill includes exceptions, such as when a consumer gives informed consent, when data goes to a HIPAA-covered health entity, when required by law enforcement, during corporate transactions like mergers, or when shared with research or nonprofit organizations for purposes like fraud prevention or public safety. It also specifies that if a HIPAA-covered entity receives this device-generated health data, it must be treated the same as other protected health information under existing federal privacy rules. The bill would primarily affect makers and users of wearable health devices, data brokers, and companies that collect or process consumer health data, as well as consumers whose personal health information is gathered through such devices. Enforcement would fall to the Secretary of Health and Human Services, using the same procedures used to enforce HIPAA privacy regulations. The bill was introduced by Senator Bill Cassidy, with Senator Jacky Rosen as a cosponsor, on March 1, 2021, during the 117th Congress, and was referred to the Senate Committee on Health, Education, Labor, and Pensions. It did not receive a vote and did not become law; no further action occurred before the end of that Congress.
- Has S. 500 become law?
- The source does not supply a confirmed lifecycle stage for S. 500. Check the latest action and official source below.
- Who sponsored S. 500?
- S. 500 was sponsored by Sen. Cassidy, Bill [R-LA] (R-LA), with 1 cosponsor.
- What's the latest action on S. 500?
- Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (1 Mar 2021).
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