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A bill passed the state Senate and Assembly this week seeking to protect health data collected electronically.
The bill applies to health-related data collected on things like health apps or wearable devices in New York, and is intended to prevent the sale of the information for purposes like advertising without consent, filing a loophole created by the limits of HIPAA laws.
State Sen. Liz Krueger made the case to reporters this week as the Senate presented a package of bills related to reproductive health rights.
“Whose business is it to have that information about you? Nobody’s business,” she said. “My bill would put in a privacy requirement that only if you opt-in that they can share that kind of information about your health care and sell it.”
She argued the bill is necessary because many people don’t know what they’re agreeing to when they provide that information, or aren’t aware they are agreeing to anything at all, only to end up receiving advertisements related to their health care.
“Only health data that is accessible through your hospital or doctors is HIPAA-protected. Anything else is fair game,” she said.
With the fall of Roe v. Wade, co-sponsor Assemblymember Linda Rosenthal emphasized the bill specifically works to protect women who cross state lines for an reproductive health care, citing concerns the data could potentially be used against those traveling to New York for that care from states where abortion is illegal.
“When a person who travels to New York uses those apps, they will be protected so there will not be a record if they don’t want there to be, of what they do here in New York,” she said.
The bill has seen opposition in the business community over concerns that its language is too broad and vague.
Republican Assemblymember Josh Jensen told Spectrum News 1 the bill doesn’t provide clear instructions or parameters for those whose activities could fall within its scope.
“This is not something where we want to be vague,” he said. “When you look at our heath systems, when you look at the business community that take individual data that may be in the health scope, it’s not clear whether or not it would apply.”
Rosenthal countered that there is a reason the bill, which was also a priority for other state leaders like state Attorney General Letitia James, makes broad strokes.
“Why should my health information be fodder for advertising, information that belongs to me, that I don’t need others to know?” she said. “People rarely advertise conditions they have but if they use their phone or computer to keep track, then it’s open to anyone.”
It remains to be seen if Governor Kathy Hochul will support the bill.
