Albany, NY – Assemblymember Linda B. Rosenthal (D/WF-Manhattan), Chair of the Assembly Committee on Housing, announces passage of her landmark legislation, the New York Health Information Privacy Act (A.10357), which prohibits the sale of New Yorkers’ sensitive health data to third parties without consumer consent. This critical bill is a step forward in empowering New Yorkers, especially women and LGBTQIA+ individuals, to control the fate of their health information. Liz Krueger is the sponsor of the bill, which also passed in the State Senate.

This bill protects the commercial health data of anyone who uses health-related apps, wears digital devices or purchases health-related products online in New York State. Similar legislation has been in effect in Washington State.

“This bill ensures that our personal health data will not be sold to the highest bidder,” said Assemblymember Linda B. Rosenthal (D/WF-Manhattan). “New Yorkers have a right to keep their private data private, and this bill will prevent companies from using their most sensitive health information without permission. No one, from faceless third parties to giant tech companies, has an inherent right to use information about someone’s last period, heart rate, step count or health-related search histories. This bill firmly puts New Yorkers, and New Yorkers alone, in control of their health information.”

Under the bill, health apps and other covered entities are required to obtain a consumer’s consent before selling their health data. An entity must provide consumers with a notice outlining the types of regulated health information to be processed, the specific purposes for such processing, the third parties or service providers that would receive the information and any monetary value the entity could receive in processing a person’s data. All entities covered under the federal Health Insurance Portability and Accountability Act, which include health professionals, hospitals, health clinics and health plans, are exempt from the data requirements of this bill. 

 “The Trump Administration has already proven itself to be a lethal force against reproductive rights and gender-affirming care in the United States,” said Assemblymember Rosenthal. “My legislation safeguards sensitive information that could easily be weaponized by an overzealous and punitive federal or state government. New York has long been a beacon for human rights, which is why it is critical that the Governor sign this bill into law swiftly for the health and safety of all New Yorkers.”