Bill > S2992

This bill establishes the "Reproductive Health and Gender-Affirming Healthcare Data Privacy Act" to enhance the protection of sensitive personal information related to reproductive and gender-affirming care. Key provisions include requiring entities that collect this data, referred to as "regulated entities" and "small businesses," to obtain explicit consent from individuals before collecting it, with certain exceptions for public health or safety. The bill also prohibits the sale or sharing of this data without separate, specific authorization from the consumer, which must be clearly explained and distinct from general consent. It grants consumers the right to know what data is being collected, to access it, to request its deletion, and to withdraw consent. The act defines terms like "consumer health data," which encompasses information about reproductive, sexual, or gender-affirming care, and "deceptive design," which refers to user interfaces that manipulate user choices. Furthermore, it prohibits the use of geofencing technology to track individuals seeking reproductive or gender-affirming care. The bill outlines enforcement mechanisms, allowing individuals to bring civil lawsuits and empowering the Attorney General to pursue enforcement actions for violations, and it will take effect upon passage.

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