Public Health Emergency Privacy Act
The source supplies the latest action, but no lifecycle stage.
Latest action (28 Jan 2021): Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
What this bill does
The Public Health Emergency Privacy Act would establish new privacy, confidentiality, and security rules for health data collected during the COVID-19 pandemic. This applies to organizations that collect or use this data electronically for COVID-19 response activities, like contact tracing. These organizations would need to provide privacy notices, ensure data accuracy, and prevent discrimination based on the data.
Specifically, the bill would prohibit using this health data for commercial advertising or in ways that block access to services. It also would prevent government entities and organizations from using this data to interfere with voting rights. The bill would require organizations collecting data from at least 100,000 individuals to publicly report how they use and share it. The Department of Health and Human Services would also report on the civil rights impacts of collecting and using such health data.
This bill, S. 81, was introduced in the Senate in January 2021 and has been referred to the Committee on Health, Education, Labor, and Pensions. The next step in the legislative process would typically involve committee review, hearings, and potential amendments before being considered by the full Senate. If passed by the Senate, it would then move to the House of Representatives for consideration.
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 privacy, confidentiality, and security requirements on the use and disclosure of COVID-19 (i.e., coronavirus disease 2019) emergency health data. This is data that is linked to an individual or device, such as test results.
The requirements apply to organizations that collect, use, or disclose emergency health data electronically or that manage websites or applications for contact tracing and other COVID-19 response activities.
These organizations must provide notice of privacy and other policies. They must also ensure the accuracy of, prevent discrimination based on, and limit disclosure of the data. If an organization collects data from at least 100,000 individuals, it must publicly report additional information about how it uses and discloses the data.
Furthermore, the bill prohibits the use of emergency health data for commercial advertising or in ways that restrict access to opportunities, services, and other accommodations.
It also prohibits government entities and organizations from using this 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. It further specifies that certain dispute resolution mechanisms, such as arbitration, are unenforceable with respect to disputes arising under the bill.
Timeline
28 Jan 2021
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Common questions
- What does S. 81 do?
- The Public Health Emergency Privacy Act would establish new privacy, confidentiality, and security rules for health data collected during the COVID-19 pandemic. This applies to organizations that collect or use this data electronically for COVID-19 response activities, like contact tracing. These organizations would need to provide privacy notices, ensure data accuracy, and prevent discrimination based on the data. Specifically, the bill would prohibit using this health data for commercial advertising or in ways that block access to services. It also would prevent government entities and organizations from using this data to interfere with voting rights. The bill would require organizations collecting data from at least 100,000 individuals to publicly report how they use and share it. The Department of Health and Human Services would also report on the civil rights impacts of collecting and using such health data. This bill, S. 81, was introduced in the Senate in January 2021 and has been referred to the Committee on Health, Education, Labor, and Pensions. The next step in the legislative process would typically involve committee review, hearings, and potential amendments before being considered by the full Senate. If passed by the Senate, it would then move to the House of Representatives for consideration.
- Has S. 81 become law?
- The source does not supply a confirmed lifecycle stage for S. 81. Check the latest action and official source below.
- Who sponsored S. 81?
- S. 81 was sponsored by Sen. Blumenthal, Richard [D-CT] (D-CT), with 11 cosponsors.
- What's the latest action on S. 81?
- Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (28 Jan 2021).
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