The Washington My Health My Data Act (HB 1155) is a sweeping consumer health data privacy law with direct AI implications. Its definition of consumer health data expressly includes information derived or extrapolated from non-health data through algorithms or machine learning. The law has been in effect since July 23, 2023, with the main consumer-facing obligations phased in during 2024.
AI Inferences Under the Washington My Health My Data Act
AI-generated health inferences about Washington consumers are regulated data. Any business using AI to infer health status, fertility, mental health, or similar attributes from ordinary consumer data is covered.
Consent, Deletion, and Enforcement
Companies need consent to collect or share such data and must honor deletion rights. Enforcement runs through the Attorney General and a private right of action. The act was signed April 27, 2023 as Chapter 191.
The inference rule is the piece most companies miss, since it regulates conclusions drawn by AI even when the underlying data was never health related.
Source: Washington State Legislature: HB 1155
Report a violation: If you believe a business is violating this law, you can file a complaint with the Washington Attorney General Consumer Protection Division.
