New Jersey Senate Bill S1745

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Prohibits acquisition or disclosure of personal health information without consent.

Impact

If enacted, SB 1745 would significantly impact how health care providers and third-party developers collect and utilize personal health data. It mandates that explicit consent be obtained from individuals before any collection occurs and limits the use of such data to strictly permitted circumstances. Although the bill is designed to protect individual rights, it allows for exceptions in situations involving medical treatment, suggesting that health care providers may still share information for those purposes without additional consent. Furthermore, it aligns itself with existing federal regulations under HIPAA, ensuring that state-level protections complement rather than conflict with federal laws.

Summary

Senate Bill 1745 proposes restrictions on the acquisition and disclosure of certain personal health information, specifically biometric and health data, without the explicit consent of individuals. This legislation aims to enhance privacy protections for individuals in the state, requiring health care providers, mobile application developers, and third parties to obtain consent prior to collecting or sharing such information. Importantly, the bill delineates definitions for key terms including 'acquire' and 'disclose,' which emphasize the methods of information collection and sharing that are subject to these regulations.

Contention

The bill may face opposition from stakeholders concerned about the implications for data-driven health initiatives and technological innovation within healthcare. Critics might argue that these consent requirements could hinder the ability of health applications and providers to function effectively, particularly in situations where swift data access is necessary for patient care. On the other hand, proponents are likely to advocate for the importance of personal privacy and the need for robust protections against unauthorized data exploitation, framing the requirements as essential for maintaining trust in health care practices.