The passage of SB790 is anticipated to bolster consumer protections against the misuse of health data, creating a regulatory framework that private entities must follow when handling such sensitive information. This law will impact state laws related to consumer protection by enforcing penalties for violations under the Maryland Consumer Protection Act. The bill aims to address growing concerns around privacy and data security in an increasingly digital world, providing a clearer path for consumers to understand their rights regarding their personal information.
Summary
Senate Bill 790, titled 'Commercial Law - Health Data Privacy', introduces significant regulations concerning the management of consumer health data by private entities. The bill emphasizes the necessity for consumer consent before the collection and use of health data, ensuring individuals have the right to withdraw their consent at any time. It defines health data broadly to include not just traditional health records but also biometric data. Furthermore, the bill outlines consumers' rights, allowing them to request copies of their health data, demand its deletion, and opt-out of third-party disclosures.
Contention
Despite its protective intent, SB790 may face contention regarding its implications for businesses that rely on health data for operations and marketing. Some stakeholders may argue that strict consent requirements could hinder innovation or lead to increased compliance costs. Retailers and tech companies, for instance, could view the prohibitions on selling or trading health data as a limitation on their operational flexibility. As these groups voice their concerns, the bill could also spark debates surrounding the extent of government regulation in private data management versus individual privacy rights.