The bill S.74, introduced by Senators Lyons, Gulick, and Harrison, seeks to strengthen the regulation of consumer health data in Vermont by amending 18 V.S.A. chapter 42B to include the "Vermont My Health My Data Act." This new subchapter establishes a comprehensive framework for the collection, sharing, and selling of consumer health data, prioritizing privacy as a fundamental right for Vermonters. Key provisions include requiring consumer consent before data collection and sharing, empowering consumers to delete their health data, and prohibiting the sale of health data without valid authorization. The bill also mandates that entities maintain a clear privacy policy regarding consumer health data and outlines consumer rights, including the ability to confirm data collection and withdraw consent.

Additionally, the bill introduces specific regulations for processors of consumer health data, requiring them to operate under binding contracts that dictate data processing instructions. It prohibits the use of geofencing technology around healthcare facilities for tracking or collecting health data and establishes that violations will be treated as breaches of the Consumer Protection Act. The legislation also includes exemptions for certain types of information, such as protected health information under federal law. The act is set to take effect on January 1, 2026, aiming to enhance consumer control over health data and ensure transparency in its handling by businesses.

Statutes affected:
As Introduced: 18-42B