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Washington My Health My Data Act

Effective date

Penalty

Violations are per se unfair or deceptive under the Washington Consumer Protection Act. $7,500 or more per violation. Private right of action. Opt-in consent…

Obligations mapped

Tracked

Overview

Broad health data privacy law covering health data collected outside HIPAA, including data from health-related AI tools, wearables, and wellness apps. Defines consumer health data extremely broadly to include data not typically considered health-related: biometric data, bodily function data, and inferences derived from non-health data. Applies to Washington residents and any person whose health data is collected in Washington (potential extraterritorial reach). Much broader than reproductive health alone: it covers all consumer health data outside HIPAA. Geofencing ban around healthcare facilities effective July 2023. Regulated entities: compliance from March 31, 2024; small businesses from June 30, 2024. Multiple lawsuits filed, establishing early case law.

This is a privacy law with automated decision-making provisions.

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Who this applies to

This regulation applies to the following roles:

  • Deployers and users of covered AI systems and tools
  • Organizations operating in Washington

This regulation applies to companies that use or deploy AI tools and systems built by other vendors. If your company uses AI-powered products in the areas listed below, this regulation may apply to you.

See enrolled statute text at the official source.

AI categories covered

  • Healthcare AI
  • Consumer-facing AI

Specific AI use cases:

  • Diagnostic and clinical AI
  • clinical decision support
  • insurance prior auth
  • Chatbots and virtual assistants
  • Customer profiling and segmentation

What this requires you to do

Detailed obligation packs are not yet mapped for this entry in XIRA. Obligation areas from the catalog are listed below.

What this requires you to do

Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.

Enforcement and penalties

Violations are per se unfair or deceptive under the Washington Consumer Protection Act. $7,500 or more per violation. Private right of action. Opt-in consent required for collection and sharing of consumer health data.

Private right of action: plaintiffs may bring direct claims in addition to government enforcement.

Penalty amounts are based on statutory text and may be subject to adjustment, judicial interpretation, or enforcement discretion.

Source verification

Verified against enrolled statute text

View source text

Legislative history

effective

Effective for small businesses

effective

Effective for regulated entities

signed

Signed by Governor Inslee

Related regulations

Washington AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.

Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.