Bill Summary – FastDemocracy

REPRODUCTIVE HEALTH DATA PROTECTION ACT                                   S.B. 1082 (S-1):
                                                                         SUMMARY OF BILL
                                                                REPORTED FROM COMMITTEE
Senate Bill 1082 (Substitute S-1 as reported)
Sponsor: Senator Mallory McMorrow
Committee: Housing and Human Services
CONTENT
The bill would enact the "Reproductive Health Data Privacy Act" to do the following:
-- Prohibit a regulated entity, service provider, or affiliate (entity) from collecting or
   processing an individual's reproductive health data unless that entity provided the
   individual with privacy information, obtained consent, and used the data only for specified
   purposes.
-- Create an exemption for aggregated and de-identified data.
-- Specify the purposes for which an entity could collect or process reproductive health data
   and prohibit an entity from using or providing to a third-party more data than was
   necessary or for longer than was necessary.
-- Prohibit an entity from disclosing an individual's reproductive health data to a government
   agency or official unless presented with a warrant, mandated under law, or as requested
   by the individual to whom the data pertained.
-- Beginning June 30, 2027, prohibit an entity from selling or offering for sale an individual's
   reproductive health data without specific consent.
-- Prescribe requirements for consent to be considered valid in the sale of an individual's
   reproductive health data.
-- Require an entity to provide a clear and conspicuous link on its website that would allow
   an individual to revoke consent of sale or processing of the individual's reproductive health
   data.
-- Require an entity to respond to a request access to and deletion of the individual's data
   within 45 days.
-- Require the seller and purchaser of reproductive health data to enter into a written
   agreement for the terms and conditions of the data’s use and processing.
-- Prohibit an entity from implementing geofencing that tracked or collected information from
   an induvial seeking reproductive health service, among other things.
-- Allow the Attorney General (AG) to bring an action to enjoin a person from violating the
   Act's provisions.
-- Allow the AG or individual who suffered a loss due to a violation of the Act to collect up to
   $750 per incident or actual damages, whichever was greater, or other relief.
The bill would take effect two years after its enactment.
BRIEF RATIONALE
Smart watches, fitness trackers, and apps can track a user's health data, including stress
levels, heart rates, and menstruation cycles. According to testimony before the Senate
Committee on Housing and Human Services, it is not uncommon for apps designed for female
health tracking to claim not to share a user's personal and sensitive data with third parties
but allow levels of third party sharing in the app's privacy policy. Accordingly, it has been
suggested to prohibit the processing and sharing of reproductive health data without informed
consent.
                                                             Legislative Analyst: Eleni Lionas
Page 1 of 2                                                                         sb1082/2324
FISCAL IMPACT
The bill could have a minor negative fiscal impact on State and local government. To the
extent that under the definitions in the bill the State Medicaid program or local health
departments would be considered a "covered entity" or a "service provider", there would likely
be minor costs to ensure compliance with the requirements.
The bill would have a minor negative fiscal impact on the AG and local courts. The AG would
have minor administrative costs associated with the promulgation of rules to implement the
language of the bill. Local courts are likely to have an increase in hearings associated with
requests from the AG for injunctive relief permitted by the language of the bill. For requests
from the AG for injunctive relief in which the AG prevailed, the AG could recover reasonable
attorney fees.
Date Completed: 12-5-24                                                                   Fiscal Analyst: John P. Maxwell
                                                                                                         Michael Siracuse
 SAS\Floors2324\sb1082
 This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official
 statement of legislative intent.
Page 2 of 2                       Bill Analysis @ www.senate.michigan.gov/sfa                                          sb1082/2324