Commercial Law - Health Data Privacy
The enactment of HB995 would create a legal basis for consumers to assert their rights regarding their health information. Under this bill, consumers gain the ability to access, request the deletion of, and opt-out of third-party disclosures of their health data. Additionally, the bill imposes penalties on private entities that violate these provisions, classifying such violations as unfair or deceptive trade practices. This shift in regulation is expected to enhance consumer trust and mitigate the risks associated with unauthorized data sharing, aligning Maryland's laws with contemporary concerns over data privacy.
House Bill 995 addresses the health data privacy rights of consumers in Maryland. The bill establishes regulations governing the collection, use, and disclosure of consumer health data by private entities. It prohibits the sale, leasing, or trading of health data without consumer consent, reinforcing the need for private entities to make clear disclosures regarding the data they collect. The creation of a legal framework for health data privacy is seen as a significant step forward in safeguarding individual privacy rights in the digital age.
Notable points of contention surrounding HB995 include debates over the extent of consumer rights versus the operational flexibility of businesses. Proponents of the bill argue that it empowers consumers and sets necessary limits on data practices that might exploit private health information. Conversely, critics suggest that the regulations might impose undue burdens on businesses, particularly smaller entities, that rely on health data for innovative services. The implications of geofencing practices are also a point of discussion, as the bill restricts such actions around facilities providing health care services, which some argue could hinder operational efficiencies.