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Washington's My Health, My Data Act

Operationalize MHMDA compliance with the most comprehensive PrivacyOps platform

Last Updated on November 16, 2023

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Washington's House Bill 1155, better known as the My Health, My Data Act (MHMDA), was passed by the Senate on April 5, 2023, followed by the House on April 17, 2023. Then, on April 27, 2023, Washington Governor Jay Inslee officially signed the Act into law.

The MHMDA came into effect on July 23, 2023, with regulated entities required to be compliant by March 31, 2024. However, small businesses are given a three-month relaxation and are required to be compliant with the MHMDA provisions from June 30, 2024. The law applies to all legal entities that produce or provide products or services targeted at consumers in Washington and that are involved in processing consumer health data.

Under the MHMDA, consumers have the right to access their health data, withdraw consent, and request deletion. Once a consumer makes a request to exercise any of these rights, the organization has a 45-day compliance period to respond to their requests, with extensions possible in specific cases.

The MHMDA has additional significance owing to the recent Supreme Court decision which overturned Roe v. Wade. This has led to several state and federal legislations being moved forward to instill appropriate measures in place to protect the confidentiality of citizens' health data.


The Solution

Securiti promises thorough compliance with Washington's My Health, My Data Act through its AI-driven PI data discovery, DSR automation, documented accountability, enhanced visibility into data processing activities, and AI-driven process automation features.

It offers users access to all the relevant data solutions and a plethora of similar modules backed up by state-of-the-art artificial intelligence and machine-learning-based algorithms, making Securiti an all-in-one centralized option for organizations that want to achieve effective and efficient compliance with the MHMDA.

 

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Assess Readiness

Sections: 3 (23), 4, 5, 23

Automate the timely internal assessments of all data collection and processing-related activities, mechanisms, and processes to ensure they remain compliant with the regulations. Appropriate changes can be implemented proactively to address any blind spots adequately.

Assess washington readiness assessment
washington consumer data request handling

Automate Consumer Data Request Handling

Section: 6 (1)

Automate the entire process of collecting and handling consumer data requests and ensure each request is handled appropriately per regulatory requirements.

Secure Fulfillment of Confirmation Requests

Section: 6 (1)(a)

Automate the entire process related to fulfilling consumer data requests and gain real-time updates on the status of each request via the central dashboard.

washington dsr fulfillment request
washington dsr workbench

Automate Processing of Deletion Requests

Section: 6 (1)(c)

Automate all data deletion requests and monitor real-time updates via the central dashboard to ensure swift regulatory compliance.

Automate Processing of Consent Withdrawal Requests

Section: 6 (1)(b)

Automate all consumer consent withdrawal requests and monitor real-time updates via the central dashboard to ensure swift regulatory compliance.

washington cookie consent dashboard
washington universal consent dashboard

Monitor & Track Consent

Sections: 3 (6), 4 (1)(c), 4 (1)(d), 5 (1)

Ensure absolute compliance with the appropriate regulatory requirements via deep insights into all users' consent statuses via the central dashboard. This allows for any potential processing or transfer of data to occur only per the relevant consent requirements.

Manage Vendor Risk

Section: 8 (1)

Keep track of privacy and security readiness for all your service providers and processors from a centralized dashboard. Collaborate with vendors, automate data requests, and manage all vendor contracts and compliance documents from a consolidated platform.

washington vendor risk management
washington privacy policy notice management

Privacy Policy & Notice Management

Section: 4 (1)

Automate the generation of a privacy policy that adequately informs the users about your organization's data processing practices while fully complying with all applicable law provisions.

Assess Data Protection Measures & Enable Appropriate Security Controls

Section: 7 (1)(b)

Leverage several data security-oriented products and modules, such as access controls and identity management, to instill appropriate security controls to ensure all data with your organization's data infrastructure is adequately protected.

washington data protection assessment
washington sensitive personal information

Map Data & Catalog Sensitive Personal Information

Sections: 3 (4), 3 (8), 3 (11), 3 (13), 3 (24)

Track data flows in and out of your organization's data infrastructure, trace this data, and catalog, transfer, and document business process workflows internally.

Automate Data classification & Labeling

Section: 3 (10)

Classify & label data without your organization's data infrastructure to ensure appropriate security controls are enabled on the most sensitive data in your organization. Leverage the same module to identify sensitive files such as consent forms and financial statements and record them under appropriate categories.

washington data classification labeling

Key Facts About Washington's MHMDA

Here are some important facts to know about Washington's My Health, My Data Act:

1

The law came into effect on July 23, 2023, but small businesses have until June 30, 2024, to become MHMDA-compliant;

2

Small businesses are defined as any regulated entity that collects, processes, sells, or shares consumer health data of fewer than 100,000 consumers during a calendar year; or derives less than 50 percent of gross revenue from the collection, processing, selling, or sharing of consumer health data, and controls, processes, sells, or shares consumer health data of fewer than 25,000 consumers;

3

Protected health information subject to the following is exempt from MHMDA provisions:

  • The Health Information Portability and Accountability Act
  • The Gramm-Leach-Bliley Act
  • Social Security Act, title XI
  • Fair Credit Reporting Act
  • Family Educational Rights and Privacy Act
  • Washington Health Benefit Exchange & Applicable Statutes and Regulations
  • Privacy Rules Adopted by the Office of the Insurance Commissioner
4

MHMDA mandates opt-in consent, requiring businesses to obtain consent from consumers before they collect or share their health data;

5

MHMDA requires businesses to have consumer consent and authorization before selling their health data;

6

MHMDA violations will be considered unfair trade practices per Washington's Consumer Protection Act;

7

The Washington State Attorney General is responsible for enforcing the MHMDA with aggrieved consumers also having a private right of action.

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