Bill S.74, introduced by Senators Lyons, Gulick, and Harrison, seeks to strengthen the regulation of consumer health data in Vermont by establishing the "Vermont My Health My Data Act." This legislation amends 18 V.S.A. chapter 42B to enhance privacy protections for residents' health information. Key provisions include requiring consumer consent for the collection, sharing, and use of health data, empowering consumers with the right to delete their data, and prohibiting the sale of health data without valid authorization. Additionally, the bill bans the use of geofencing technology around healthcare facilities, ensuring that consumer health data is treated with confidentiality and respect.

The bill also introduces comprehensive definitions related to consumer health data, including terms specific to reproductive and sexual health services, and outlines the responsibilities of regulated entities and small businesses regarding data privacy policies. It emphasizes consumer rights, mandating that consent must be obtained prior to data collection or sharing, and prohibits discrimination against consumers exercising their rights. Furthermore, the bill requires robust data security practices and binding contracts with data processors, ensuring compliance with privacy policies. Violations of these regulations will be treated as violations of the Consumer Protection Act, with enforcement authority granted to the Attorney General. The new regulations are set to take effect on January 1, 2026.

Statutes affected:
As Introduced: 18-42B