Duty LXD-4866
Sends automated texts, in Washington
Commercial Electronic Mail Act, Text Messagessince 2 lines
RCW 19.190.060, .070 · Read the law's page
- Do not initiate or assist in transmitting a commercial electronic text message to a telephone number assigned to a Washington resident for cellular telephone or pager service with text-messaging capability, unless an exception applies.
- You may send one only where the subscriber has clearly and affirmatively consented in advance to receive it, or, if you are the subscriber's own cellular or pager carrier, at no cost to the subscriber, unless the subscriber has said it does not want further commercial text messages from you.
Washington My Health My Data Act (MHMDA)since 3 lines
RCW 19.373 · Read the law's page
- Washington's My Health My Data Act reaches consumer health data broadly: personal information linked or reasonably linkable to a consumer that identifies their past, present, or future physical or mental health status, including inferences and non-health data that indicate a health status, such as location data suggesting an attempt to obtain reproductive or gender-affirming care.
- Do not implement a geofence around an entity that provides in-person health care services to identify or track consumers seeking care, collect their health data, or send them related notifications, messages, or advertisements.
- A violation of this Act is per se an unfair or deceptive act under the Washington Consumer Protection Act, which carries its own private right of action; a federal class action alleging SDK-based location and biometric data harvesting in violation of this Act is reported pending by secondary commentary, not independently confirmed against the court docket.
HB 1155, My Health My Data Actsince 4 lines
RCW 19.373; HB 1155, chapter 191, Laws of 2023 · Read the law's page
- Obtain affirmative opt-in consent before collecting a Washington consumer's health data, and separate consent before sharing it, unless the collection or sharing is necessary to provide a product or service the consumer requested; consumer health data includes any biometric identifier used to infer a health condition, whether captured live or extracted from a stored photo, video, or audio recording.
- Obtain a further signed authorization before selling consumer health data.
- Do not geofence within 2,000 feet of a health care facility to identify, track, or send notifications to consumers seeking care.
- Honor a consumer's request to confirm, access, or delete their consumer health data within 45 days, extendable once by 45 additional days.