My Body, My Data Act of 2023
Latest action (17 May 2023): Introduced
What this bill does
The My Body, My Data Act of 2023 would create new federal privacy protections for "personal reproductive or sexual health information," a broadly defined category covering pregnancy, contraception, menstruation, fertility, abortion-related care, and related data inferred from other information. Covered businesses ("regulated entities") would be required to collect, retain, use, and disclose such data only to the extent strictly necessary to provide a requested product or service, limit employee access accordingly, and let individuals access, correct, and delete their data free of charge within 15 days of a verified request. Entities would also need a public privacy policy disclosing their data practices and could not retaliate against individuals who exercise these rights.
The law would apply to most businesses under FTC jurisdiction, including common carriers and nonprofits, but would exclude HIPAA-covered entities and business associates already regulated under existing health-privacy law. It would primarily affect companies handling health-related apps, period trackers, and similar consumer data, giving users more control over that information. The bill would be enforced by the FTC as an unfair or deceptive practice, and also allows individuals to sue directly, with statutory damages, attorney's fees, and a bar on forced arbitration or class-action waivers for such claims. State laws offering greater privacy protection would not be preempted.
The bill was introduced May 17, 2023, by Senator Mazie Hirono and referred to the Senate Commerce, Science, and Transportation Committee. It did not receive a committee vote or floor action in the 118th Congress and would need to be reintroduced to be considered further.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
This bill was introduced on May 17, 2023, in a previous session of Congress, but it did not receive a vote.
Common questions
- What does S. 1656 do?
- The My Body, My Data Act of 2023 would create new federal privacy protections for "personal reproductive or sexual health information," a broadly defined category covering pregnancy, contraception, menstruation, fertility, abortion-related care, and related data inferred from other information. Covered businesses ("regulated entities") would be required to collect, retain, use, and disclose such data only to the extent strictly necessary to provide a requested product or service, limit employee access accordingly, and let individuals access, correct, and delete their data free of charge within 15 days of a verified request. Entities would also need a public privacy policy disclosing their data practices and could not retaliate against individuals who exercise these rights. The law would apply to most businesses under FTC jurisdiction, including common carriers and nonprofits, but would exclude HIPAA-covered entities and business associates already regulated under existing health-privacy law. It would primarily affect companies handling health-related apps, period trackers, and similar consumer data, giving users more control over that information. The bill would be enforced by the FTC as an unfair or deceptive practice, and also allows individuals to sue directly, with statutory damages, attorney's fees, and a bar on forced arbitration or class-action waivers for such claims. State laws offering greater privacy protection would not be preempted. The bill was introduced May 17, 2023, by Senator Mazie Hirono and referred to the Senate Commerce, Science, and Transportation Committee. It did not receive a committee vote or floor action in the 118th Congress and would need to be reintroduced to be considered further.
- Has S. 1656 become law?
- Not yet. As of 17 May 2023, S. 1656 is introduced.
- Who sponsored S. 1656?
- S. 1656 was sponsored by Sen. Mazie Hirono [D-HI] (Democrat-HI), with 16 cosponsors.
- What's the latest action on S. 1656?
- Introduced (17 May 2023).
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