HealthConsent

Washington Health Data Privacy Rights

Washington leads the nation with the groundbreaking My Health My Data Act, providing the strongest health data privacy protections. Discover geofencing restrictions, consumer consent rights, and powerful enforcement mechanisms.

Washington Privacy Landscape Overview

1,850 ft
Geofencing Restriction
$7,500
Max Per Violation
2023
MHMD Effective Date
1st
Health Data Law

Why Washington Leads Health Data Privacy Protection

First Health Data Law: My Health My Data Act was the first comprehensive health data privacy law in the US
Geofencing Restrictions: Prohibits tracking within 1,850 feet of healthcare facilities
Broad Health Definition: Covers mental health, reproductive health, and inferred health data
Strong Penalties: Up to $7,500 per violation with AG enforcement and private right of action

Your Washington Privacy Rights Under MHMD

Consumer Health Data Rights

  • Access & Confirmation: Right to know what health data is collected and processed
  • Deletion Rights: Right to have health data deleted upon request
  • Withdrawal of Consent: Right to withdraw consent at any time
  • Non-Discrimination: Protection against discrimination for exercising rights

Enhanced Health Data Protections

  • Consent Required: Valid consent must be specific, informed, and freely given
  • Geofencing Ban: No tracking within 1,850 feet of healthcare facilities
  • Sharing Restrictions: Limited sharing of health data with third parties
  • $7,500 Damages: Private right of action with significant penalties

Groundbreaking Health Data Protection: Washington's My Health My Data Act provides the most comprehensive health data privacy protections in the nation, covering mental health, reproductive health, and even inferred health data from non-health sources like browsing history and purchases.

Recent Washington Privacy Law Updates

My Health My Data Act (MHMD)

March 2023

First-in-the-nation comprehensive health data privacy law protecting consumer health data including mental health, reproductive health, and health data inferred from non-health sources.

Benefit: Pioneering protection for all forms of health data with strong enforcement mechanisms

Geofencing Restrictions

June 2023

Prohibition on using geofencing or similar technology to identify, track, or send advertising to consumers within 1,850 feet of healthcare facilities.

Benefit: Prevents location-based targeting and tracking around sensitive healthcare facilities

Implementation Guidelines

2024

Washington Attorney General issued implementation guidance clarifying consent requirements, data minimization principles, and enforcement priorities under MHMD.

Benefit: Clear guidance for consumers and businesses on MHMD compliance and enforcement

How to Exercise Your Washington Rights

1
Request Health Data Access

Request information about what health data entities collect, process, or share about you under MHMD.

Action Step:

Submit written requests to health data processors

2
Withdraw Consent

Withdraw your consent for health data processing at any time through the same method you provided it.

Action Step:

Contact the entity using their designated withdrawal process

3
Request Data Deletion

Request deletion of your health data unless required for specific legal or regulatory purposes.

Action Step:

Submit deletion request and verify compliance within required timeframes

4
Report MHMD Violations

Report violations to Washington Attorney General or consider private legal action for damages.

Action Step:

Document violations and file complaint with Washington AG office

Complete Guide to Exercising Privacy Rights →

Enforcement & Penalties

Private Right of Action

Up to $7,500 Per Violation

Consumers can sue directly for MHMD violations, seeking up to $7,500 per violation plus attorney fees and injunctive relief.

Penalty Structure: Up to $7,500 per violation with attorney fees and injunctive relief

Washington Attorney General Enforcement

Active Enforcement

Washington AG has enforcement authority under the Consumer Protection Act with civil penalties and injunctive relief powers.

Authority: Investigation, enforcement actions, and consumer protection remedies

Geofencing Violations

Specific Penalties

Geofencing violations carry additional penalties for tracking consumers within 1,850 feet of healthcare facilities.

Protection: Covers abortion clinics, reproductive health facilities, and other healthcare providers

Protecting Your Health Data in Washington

Monitor Health Apps

Review consent for health apps and ensure they comply with MHMD requirements

  • • Check consent language
  • • Review data sharing policies
  • • Monitor third-party access
  • • Exercise deletion rights

Verify Geofencing Compliance

Monitor for location tracking near healthcare facilities and report violations

  • • Check location permissions
  • • Monitor targeted ads
  • • Report suspicious tracking
  • • Document evidence

Use Strong Enforcement

Leverage Washington's strong enforcement with private lawsuits and AG action

  • • File AG complaints
  • • Consider private lawsuits
  • • Seek $7,500 damages
  • • Claim attorney fees

Washington Privacy Resources & Contacts

Washington Attorney General

800-551-4636
atg.wa.gov

File MHMD violations and consumer protection complaints

Washington Department of Health

360-236-4030
doh.wa.gov

Healthcare facility oversight and general health privacy information

Washington Medical Commission

360-236-4788
wmc.wa.gov

Healthcare provider licensing and disciplinary actions

HHS Office for Civil Rights

800-368-1019
hhs.gov/ocr

File federal HIPAA complaints and report healthcare privacy violations

Let HealthConsent® Secure Your Washington Privacy Rights

Washington's groundbreaking My Health My Data Act provides the strongest health data privacy protections in the nation. HealthConsent® helps you leverage these protections and ensures your health data rights are properly exercised and enforced.

Start Protecting Your Data

Pioneer the future of health data privacy with Washington's leading protections