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Senate passes consumer data privacy measure requiring affirmative consent for regulated health‑adjacent data
Summary
The Senate approved a law modeled on Washington state that narrows the use of certain 'regulated information,' requires affirmative consumer consent to share that data outside HIPAA, and does not create a private right of action; sponsors say it updates protections for modern data flows, opponents warned of small‑business compliance burdens.
The Senate passed legislation to regulate how certain non‑HIPAA health‑related data may be collected and shared and to require affirmative consumer consent for defined uses. Sponsors said the bill is based on a successful Washington state model and seeks to close gaps created by the growth of online and app‑driven data collection used by artificial‑intelligence services.
Floor questioning focused on scope: senators asked whether incidental GPS traces from a car or similarly generated device data would be captured; the sponsor answered that GPS tied to an emergency trip would not fall within the statute’s definition of "regulated information," and that the statute’s definition is set out in the bill text. Senators also asked whether the bill would impose onerous burdens on small pharmacies and retailers; the sponsor said data can be segregated by payment or merchant codes and that technical compliance mechanisms already exist.
The sponsor explicitly told the chamber the bill does not provide a private right of action. Supporters emphasized consumer control: the bill requires an affirmative consent step by the purveyor of the information before regulated data is shared. Critics asked how that consent regime avoids repeated pop‑ups and what protections small businesses would have; sponsors said the statute contemplates an initial affirmative authorization and allows practical industry approaches for repeat interactions. The Senate passed the bill by roll call (AYES 48, NAYS 13).
