Health information privacy: digital commercial health monitoring.
Impact
If signed into law, AB 2935 will influence existing California laws by imposing stricter regulations on how commercial health monitoring programs handle individually identifiable health monitoring information. These regulations will work alongside federal guidelines such as HIPAA, ensuring that consumers have more control over their health data and how it is shared. The bill specifically requires that consumers have the option to request the deletion of their personal health information, promoting greater transparency and accountability in the commercial health sector.
Summary
Assembly Bill No. 2935, introduced by Assembly Member Chau, aims to enhance the privacy protections surrounding digital commercial health monitoring programs in California. The bill stipulates that operators of these programs cannot share, sell, or otherwise disclose an individual’s health monitoring information without obtaining explicit consent. This includes providing clear notice to consumers before any such actions are taken. The legislation reflects growing concerns about data privacy, particularly in the realm of health information, as more individuals utilize digital platforms to monitor their health.
Contention
Notably, there may be points of contention regarding the balance between consumer privacy and the operational capabilities of health monitoring programs. Opponents could argue that stringent consent requirements might hinder the usability of these applications, making it more complex for users to engage with health tracking services. Additionally, the bill does clarify that certain entities subject to HIPAA or the Confidentiality of Medical Information Act would be exempt, potentially leading to debates about the adequacy of protections under existing laws and whether additional regulations could result in confusion or overlap.
Amends existing law to revise provisions regarding disclosure of breach of personally identifiable information and to require that agencies, individuals, and commercial entities offer free credit monitoring services in certain situations.