Maryland 2023 Regular Session

Maryland Senate Bill SB790

Introduced
2/6/23  

Caption

Commercial Law - Health Data Privacy

Impact

The passage of SB790 is anticipated to bolster consumer protections against the misuse of health data, creating a regulatory framework that private entities must follow when handling such sensitive information. This law will impact state laws related to consumer protection by enforcing penalties for violations under the Maryland Consumer Protection Act. The bill aims to address growing concerns around privacy and data security in an increasingly digital world, providing a clearer path for consumers to understand their rights regarding their personal information.

Summary

Senate Bill 790, titled 'Commercial Law - Health Data Privacy', introduces significant regulations concerning the management of consumer health data by private entities. The bill emphasizes the necessity for consumer consent before the collection and use of health data, ensuring individuals have the right to withdraw their consent at any time. It defines health data broadly to include not just traditional health records but also biometric data. Furthermore, the bill outlines consumers' rights, allowing them to request copies of their health data, demand its deletion, and opt-out of third-party disclosures.

Contention

Despite its protective intent, SB790 may face contention regarding its implications for businesses that rely on health data for operations and marketing. Some stakeholders may argue that strict consent requirements could hinder innovation or lead to increased compliance costs. Retailers and tech companies, for instance, could view the prohibitions on selling or trading health data as a limitation on their operational flexibility. As these groups voice their concerns, the bill could also spark debates surrounding the extent of government regulation in private data management versus individual privacy rights.

Companion Bills

MD HB995

Crossfiled Commercial Law - Health Data Privacy

Previously Filed As

MD SB569

Commercial Law - Online Data Privacy - Limits on Data Collection

MD HB711

Data Privacy - Consumer Data, Public Records, and Message Switching System (Data Privacy Act)

MD SB504

Data Privacy - Consumer Data, Public Records, and Message Switching System (Data Privacy Act)

MD HB0711

Data Privacy - Consumer Data, Public Records, and Message Switching System (Data Privacy Act)

MD HB1124

Commercial Law - Consumer Protections - Health Care Financing

MD SB796

Commercial Law - Consumer Protections - Health Care Financing

MD HB3494

HEALTH DATA PRIVACY ACT

MD SB2273

HEALTH DATA PRIVACY ACT

MD H7357

Creates the reproductive health and gender-affirming healthcare data privacy act.

MD S2992

Creates the reproductive health and gender-affirming healthcare data privacy act.

Similar Bills

No similar bills found.