HR3916-119
In CommitteeMy Body, My Data Act of 2025
Emily Randall’s recorded connection
Cosponsored this bill
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Potential burden on Regulated health app operators
More compliance requirements
This clause introduces an exemption or waiver: Preserves the FTC's existing authority under other laws and clarifies that the Act does not prohibit regulated entities from disclosing personal reproductive or sexual health information to the FTC as required by law, by court order, or by civil investigative demand. It is likely beneficial for Federal Trade Commission (compliance burden down). The effect is ambiguous for Regulated entities subject to FTC investigations (none).
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Potential burden on Regulated health app operators
More compliance requirements
This clause introduces a compliance mandate and a liability protection: Establishes enforcement through the FTC (treating violations as unfair/deceptive practices under FTC Act Section 18), creates a private right of action with statutory damages of $100-$1,000 per violation per day (or actual damages if greater), plus punitive damages, attorney fees, and equitable relief; declares violations constitute concrete injury in fact; invalidates pre-dispute arbitration agreements and joint-action waivers for claims under this Act. It is likely beneficial for Plaintiffs' attorneys and consumer advocacy law firms (revenue opp up) and Individuals whose reproductive health data is mishandled (risk down). It likely creates costs, burdens, barriers, or risks for Federal Trade Commission (compliance burden up), Technology companies collecting reproductive health data (risk up), and Data broker firms dealing in health data (risk up).
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Potential burden on Regulated health app operators
More compliance requirements
This clause introduces a compliance mandate: Prohibits regulated entities from retaliating against individuals who exercise their rights under this Act, including by denying goods/services, charging different prices, providing different service levels, or suggesting differential treatment. It is likely beneficial for Individuals seeking reproductive healthcare (risk down). It likely creates costs, burdens, barriers, or risks for Technology companies collecting reproductive health data (compliance burden up) and Companies using data-for-discount business models (revenue opp down).
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Potential burden on Regulated health app operators
More compliance requirements
This clause introduces a definition change: Defines key terms for the Act including 'personal reproductive or sexual health information' (broadly including efforts to research/obtain services, health conditions, procedures including abortion, contraceptives, bodily functions, and data derived/inferred from non-health information), 'regulated entity' (FTC-jurisdictional entities plus common carriers and nonprofits, excluding HIPAA covered entities and business associates when acting in those capacities), 'service provider,' and 'third part. It is likely beneficial for HIPAA-covered entities (hospitals, insurers, providers) (compliance burden down). It likely creates costs, burdens, barriers, or risks for Period-tracking and fertility app companies (compliance burden up), Data analytics firms using inferred health data (compliance burden up), and Common carriers (telecommunications companies) (compliance burden up).
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Potential burden on Regulated health app operators
More compliance requirements
This clause introduces a compliance mandate and a reporting or study requirement: Requires regulated entities to maintain and prominently publish a clear and conspicuous privacy policy on their website detailing their practices for collecting, retaining, using, and disclosing personal reproductive or sexual health information, including categories of information, purposes for each category, lists of specific third parties involved in disclosures and collections, individual control mechanisms with direct links, and security efforts. It is likely beneficial for Individuals seeking reproductive healthcare (risk down). It likely creates costs, burdens, barriers, or risks for Period-tracking and fertility app companies (compliance burden up), Data broker firms dealing in health data (compliance burden up), and Advertising networks using reproductive health data (compliance burden up).
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Potential burden on Regulated health app operators
More compliance requirements
This clause introduces a compliance mandate and a reporting or study requirement: Establishes individual rights to access, correct, and delete personal reproductive or sexual health information held by regulated entities; requires entities to provide a reasonable online mechanism for exercising these rights within 15 days at no charge; mandates data be available in both human-readable and machine-readable formats. It is likely beneficial for Individuals seeking reproductive healthcare (risk down) and Privacy-compliant technology vendors (revenue opp up). It likely creates costs, burdens, barriers, or risks for Period-tracking and fertility app companies (compliance burden up), Data broker firms dealing in health data (compliance burden up), and Technology companies collecting reproductive health data (cost up).