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On April 27, 2023, the Washington State governor signed into law the My Health My Data Act or the MHMDA. In spite of the onerous and at times confusing requirements of the MHMDA, the Washington Attorney General (AG) has only published a short set of Frequently Asked Questions to help address some of this uncertainty.
Like so many other features of the MHMDA, data subject rights are deceptively complicated and have the potential to create significant administrative hurdles to getting it right. As promised in our recent summary of the MHMDA ("MHMDA: Time to Comply"), we are examining in more detail these tricky issues in our MHMDA FAQs and have done a deep dive into data subject rights in this FAQ.
The MHMDA provides consumers with the right to know/access consumer health data, the right to have such information deleted and the right to withdraw consent that had previously been granted. Organizations are also required to provide consumers with the right to appeal any denial of a request.
No, there are no express exceptions to the data subject rights provided to consumers under the law. This is a significant issue that will hopefully be addressed via amendments or the regulations. There is a limited catch-all exception indicating that the obligations imposed by the law do not restrict an organization's ability to collect, use or disclose consumer health data to:
Organizations could point to these exceptions for requests for access or deletion to the extent necessary for one of the purposes listed above, but organizations that rely on this exception have the burden of demonstrating that the decision qualifies. In addition, this exception does not appear to extend to compliance with applicable law (e.g., retention requirements), a common exception in other data privacy laws. Therefore, if and until there is additional guidance provided by Washington regulators, organizations should generally work to honor data subject rights requests wherever possible or tailor any denial as narrowly as possible.
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