Bill > S2129

This bill, titled the "Reproductive Freedom and Gender-Affirming Care Data Privacy Act," significantly expands the definition of protected healthcare data to include research, intent, and interest in healthcare services, particularly those related to reproductive and gender-affirming care. It imposes new responsibilities on "regulated entities" (organizations that provide healthcare services or determine how consumer health data is collected, processed, shared, or sold) and "small businesses" when they collect and share consumer data. Key provisions include requiring explicit, conspicuous, and opt-in consent from consumers before their health data can be collected or shared, and a separate, equally clear consent is needed to sell this data. The bill also outlines acceptable uses for this data, grants consumers rights to access, delete, and withdraw consent for the use of their data, and mandates that entities implement reasonable data security practices. Furthermore, it prohibits the use of geofencing technology around healthcare facilities to track or collect data from individuals seeking services and establishes penalties for violations, including civil actions and enforcement by the Attorney General. The act takes effect upon passage.

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