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SMARTWATCH Data Act

USA117th CongressS-500| Senate 
| Updated: 3/1/2021
Bill Cassidy

Bill Cassidy

Republican Senator

Louisiana

Cosponsors (1)
Jacky Rosen (Democratic)

Health, Education, Labor, and Pensions Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Stop Marketing And Revealing The Wearables And Trackers Consumer Health Data Act or the SMARTWATCH Data Act This bill restricts the commercial use of identifiable personal health information derived from a smartwatch or similar consumer device. The Department of Health and Human Services must enforce these restrictions. Specifically, an entity that collects personal health information from consumer devices may not transfer, sell, or otherwise allow domestic entities to access such information if the purpose is to increase profits or generate commercial value. However, the bill sets out certain exceptions to this prohibition, including where the consumer provided informed consent or where the information is necessary for specified business transactions. Furthermore, an entity that collects personal health information derived from consumer devices may not allow foreign entities to access such information unless there are certain privacy and security protections in place. In addition, any personal health information derived from a consumer device and received by health care providers, health plans, or their business associates is considered protected health information and thus subject to applicable federal privacy standards governing its use and disclosure.
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Timeline

Bill from Previous Congress

S 116-2885
SMARTWATCH Data Act
Mar 1, 2021
Introduced in Senate
Mar 1, 2021
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • Bill from Previous Congress

    S 116-2885
    SMARTWATCH Data Act


  • March 1, 2021
    Introduced in Senate


  • March 1, 2021
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health

Consumer affairsGeneticsHealth information and medical recordsHealth technology, devices, suppliesRight of privacy

SMARTWATCH Data Act

USA117th CongressS-500| Senate 
| Updated: 3/1/2021
Stop Marketing And Revealing The Wearables And Trackers Consumer Health Data Act or the SMARTWATCH Data Act This bill restricts the commercial use of identifiable personal health information derived from a smartwatch or similar consumer device. The Department of Health and Human Services must enforce these restrictions. Specifically, an entity that collects personal health information from consumer devices may not transfer, sell, or otherwise allow domestic entities to access such information if the purpose is to increase profits or generate commercial value. However, the bill sets out certain exceptions to this prohibition, including where the consumer provided informed consent or where the information is necessary for specified business transactions. Furthermore, an entity that collects personal health information derived from consumer devices may not allow foreign entities to access such information unless there are certain privacy and security protections in place. In addition, any personal health information derived from a consumer device and received by health care providers, health plans, or their business associates is considered protected health information and thus subject to applicable federal privacy standards governing its use and disclosure.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 116-2885
SMARTWATCH Data Act
Mar 1, 2021
Introduced in Senate
Mar 1, 2021
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • Bill from Previous Congress

    S 116-2885
    SMARTWATCH Data Act


  • March 1, 2021
    Introduced in Senate


  • March 1, 2021
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Bill Cassidy

Bill Cassidy

Republican Senator

Louisiana

Cosponsors (1)
Jacky Rosen (Democratic)

Health, Education, Labor, and Pensions Committee

Health

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Consumer affairsGeneticsHealth information and medical recordsHealth technology, devices, suppliesRight of privacy