Bill > HB5769

This bill, titled the "Reproductive Health Data Privacy Act," establishes regulations for the collection, processing, and selling of reproductive health data, which is defined as information linked or reasonably linkable to an individual that identifies their past, present, or future reproductive health status. Key provisions include requiring "consent," meaning a clear affirmative act of agreement, before any reproductive health data can be collected, processed, or sold by a "regulated entity" (organizations providing reproductive health services) or their "service provider" (entities processing data on their behalf). The bill prohibits the use of "geofences," which are virtual boundaries around specific locations, to track individuals seeking reproductive health services or to collect their data. It also outlines specific purposes for which reproductive health data can be processed, such as providing requested services or complying with legal obligations, and restricts how long data can be retained. Furthermore, the bill mandates that selling reproductive health data requires separate, explicit written consent detailing the data being sold, the parties involved, and the purpose of the sale, and sets forth requirements for contracts between regulated entities and service providers. The Attorney General is empowered to bring legal actions to enforce the act, and individuals who suffer a loss due to a violation can pursue civil action for damages, attorney fees, and other relief. The act will take effect two years after its enactment.

Government Affairs

https://legislature.mi.gov/Bills/Bill?ObjectName=2026-HB-5769