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Public Health Emergency Privacy Act

USA116th CongressS-3749| Senate 
| Updated: 5/14/2020
Richard Blumenthal

Richard Blumenthal

Democratic Senator

Connecticut

Cosponsors (12)
Mazie K. Hirono (Democratic)Richard J. Durbin (Democratic)Edward J. Markey (Democratic)Elizabeth Warren (Democratic)Kamala D. Harris (Democratic)Mark R. Warner (Democratic)Angus S. King (Independent)Amy Klobuchar (Democratic)Michael F. Bennet (Democratic)Tammy Baldwin (Democratic)Cory A. Booker (Democratic)Robert Menendez (Democratic)

Health, Education, Labor, and Pensions Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Public Health Emergency Privacy Act This bill imposes requirements on covered organizations concerning the privacy, confidentiality, and security of COVID-19 (i.e., coronavirus disease 2019) emergency health data, which is data that is linked to an individual or device, such as test results. Covered organizations include those that collect, use, or disclose such data electronically or that develop or operate websites or applications for contact tracing and other COVID-19 response activities. Among other actions, covered organizations must provide notice of privacy and other policies, as well as ensure the accuracy of, prevent discrimination based on, and limit disclosure of the data. Covered organizations that collect data from at least 100,000 individuals must publicly report additional information about how they use and disclose the data. The bill also prohibits the use of emergency health data for commercial advertising or in ways that restrict access to opportunities, services, and other accommodations. In addition, government entities and covered organizations shall not use emergency health data to infringe on the right to vote. The Department of Health and Human Services must report on the civil rights impact of the collection, use, and disclosure of health data. The bill provides for enforcement by the Federal Trade Commission, states, and a private right of action and specifies that pre-dispute resolution mechanisms, such as arbitration, are unenforceable with respect to disputes arising under the bill.
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Timeline
May 14, 2020

Latest Companion Bill Action

HR 116-6866
Introduced in House
May 14, 2020
Introduced in Senate
May 14, 2020
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • May 14, 2020

    Latest Companion Bill Action

    HR 116-6866
    Introduced in House


  • May 14, 2020
    Introduced in Senate


  • May 14, 2020
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health

Related Bills

  • HR 116-6866: Public Health Emergency Privacy Act
Administrative law and regulatory proceduresAlternative dispute resolution, mediation, arbitrationBusiness recordsCardiovascular and respiratory healthCivil actions and liabilityComputer security and identity theftCongressional oversightConsumer creditDisability and health-based discriminationEmergency medical services and trauma careEmployment discrimination and employee rightsFederal Trade Commission (FTC)GeneticsGeography and mappingHealth information and medical recordsHousing discriminationImmigration status and proceduresInfectious and parasitic diseasesMarketing and advertisingMedical tests and diagnostic methodsRacial and ethnic relationsRight of privacySex, gender, sexual orientation discriminationState and local government operationsVeterans' medical careVoting rights

Public Health Emergency Privacy Act

USA116th CongressS-3749| Senate 
| Updated: 5/14/2020
Public Health Emergency Privacy Act This bill imposes requirements on covered organizations concerning the privacy, confidentiality, and security of COVID-19 (i.e., coronavirus disease 2019) emergency health data, which is data that is linked to an individual or device, such as test results. Covered organizations include those that collect, use, or disclose such data electronically or that develop or operate websites or applications for contact tracing and other COVID-19 response activities. Among other actions, covered organizations must provide notice of privacy and other policies, as well as ensure the accuracy of, prevent discrimination based on, and limit disclosure of the data. Covered organizations that collect data from at least 100,000 individuals must publicly report additional information about how they use and disclose the data. The bill also prohibits the use of emergency health data for commercial advertising or in ways that restrict access to opportunities, services, and other accommodations. In addition, government entities and covered organizations shall not use emergency health data to infringe on the right to vote. The Department of Health and Human Services must report on the civil rights impact of the collection, use, and disclosure of health data. The bill provides for enforcement by the Federal Trade Commission, states, and a private right of action and specifies that pre-dispute resolution mechanisms, such as arbitration, are unenforceable with respect to disputes arising under the bill.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
May 14, 2020

Latest Companion Bill Action

HR 116-6866
Introduced in House
May 14, 2020
Introduced in Senate
May 14, 2020
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • May 14, 2020

    Latest Companion Bill Action

    HR 116-6866
    Introduced in House


  • May 14, 2020
    Introduced in Senate


  • May 14, 2020
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Richard Blumenthal

Richard Blumenthal

Democratic Senator

Connecticut

Cosponsors (12)
Mazie K. Hirono (Democratic)Richard J. Durbin (Democratic)Edward J. Markey (Democratic)Elizabeth Warren (Democratic)Kamala D. Harris (Democratic)Mark R. Warner (Democratic)Angus S. King (Independent)Amy Klobuchar (Democratic)Michael F. Bennet (Democratic)Tammy Baldwin (Democratic)Cory A. Booker (Democratic)Robert Menendez (Democratic)

Health, Education, Labor, and Pensions Committee

Health

Related Bills

  • HR 116-6866: Public Health Emergency Privacy Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresAlternative dispute resolution, mediation, arbitrationBusiness recordsCardiovascular and respiratory healthCivil actions and liabilityComputer security and identity theftCongressional oversightConsumer creditDisability and health-based discriminationEmergency medical services and trauma careEmployment discrimination and employee rightsFederal Trade Commission (FTC)GeneticsGeography and mappingHealth information and medical recordsHousing discriminationImmigration status and proceduresInfectious and parasitic diseasesMarketing and advertisingMedical tests and diagnostic methodsRacial and ethnic relationsRight of privacySex, gender, sexual orientation discriminationState and local government operationsVeterans' medical careVoting rights