Senators Introduce Legislation to Expand Protection of PHI

March 8, 2023
Three U.S. Senators introduced new legislation, The Uploading Protections for Health and Online Location Data Privacy Act, on March 6—the act aims to protect individuals by prohibiting companies from profiting off PHI for advertising purposes

According to a March 6 press release, U.S. Senators Mazie K. Hirono (D-Hi.), Amy Klobuchar (D-Minn.), and Elizabeth Warren (D-Mass.) have introduced The Upholding Protections for Health and Online Location Data (UPHOLD) Privacy Act. The act aims to expand protections for Americans’ personal health data privacy.

The proposed legislation would protect individuals by preventing companies from profiting off of personally identifiable health data for advertising purposes. Additionally, it would also allow consumers more access to and ownership over their personal health information (PHI), restrict companies’ collection or use of PHI without user consent, and prohibit data brokers from selling location data.

The press release says that “Recent reports have illustrated how social media companies are collecting and data brokers are selling location data that could be used to identify individuals seeking reproductive health care services, potentially exposing them to surveillance and prosecution in states where abortion has been restricted.”

That said, “The UPHOLD Privacy Act would:

  1. Ban the use of personally identifiable health data collected from any source, including data from users, medical centers, wearable fitness trackers, and web browsing histories, for commercial advertising. The restrictions would not apply to public health campaigns (e.g., college students for vaccinations);
  2. Place additional data minimization and disclosure restrictions on companies’ use of personal health data without an individual user’s consent; and
  3. Prohibit the sale of precise location data to and by data brokers.”

Senator Hirono was quoted in the release saying that ““With Republicans working to ban and criminalize reproductive health care nationwide, it’s critical we safeguard the reproductive data privacy of everyone in our country. Everyone should be able to trust that personal data about their bodies and their health care will be protected. By restricting the sale and use of personally-identifiable health data, this bill will give patients and providers the peace of mind that their private information is secure. I’ll continue working with Senators Klobuchar, Warren, and our colleagues to defend reproductive freedom and privacy for all.”

Last month, Senator Hirono introduced the Secure Access for Essential Reproductive (SAFER) Health Act that aims to expand patient privacy protections by strengthening the Health Insurance Portability and Accountability Act (HIPAA) and bans providers from disclosing PHI related to abortion or pregnancy loss without consent. 

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