12/15/2023 0 Comments Inslee press conference todayIt is also undetermined how this exclusion will affect an employer's liability when the employer acquires an employee's CHD from a regulated entity.Īny consumer injured by a violation of the state law can sue under the Washington Consumer Protection Act. It is unclear at this time how a court will decide when a consumer has provided CHD purely as a consumer and when they have done so as an employee. The law's definition of consumers excludes consumers acting in their capacity as employees. As Washington is a major hub for cloud data storage, this definition could encompass many entities whose only connection to the state is the presence of their data on Washington-based cloud platforms. The Washington law protects people who reside in Washington or whose health data is collected in Washington. Protected CHD does not include de-identified information. Location data could include any data showing a consumer's visit to a grocery store, pharmacy, or e-commerce website selling pharmaceuticals or contraceptives. This includes information about health conditions, treatment, diagnoses, surgeries, procedures, mental/behavioral health interventions, medication purchase or use, health measurements, gender-affirming care, reproductive and sexual health, biometrics, genetic data, and location data showing a consumer's attempt to acquire or receive health services. The Washington law protects CHD, defined as any information that links or reasonably links a consumer to their past, present, or future physical or mental health. Determines the purpose and means of the processing of CHD.Collects, shares, or sells consumer health data (CHD).
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