The Michigan Senate Housing and Human Services Committee has advanced Senate Bill 1082, also known as the Reproductive Health Data Protection Act. Sponsored by Senator Mallory McMorrow, the bill seeks to regulate the collection, processing, and sale of reproductive health data, addressing concerns over privacy and unauthorized sharing of sensitive information.
The legislation comes at a time when health-tracking technologies, including smartwatches, fitness apps, and female health trackers, have been criticized for sharing user data with third parties despite claims of confidentiality. The bill aims to prevent misuse and ensure transparency, giving individuals greater control over their reproductive health data.
Under the Reproductive Health Data Protection Act, regulated entities, service providers, or affiliates must obtain informed consent before collecting or processing reproductive health data. Entities will only be permitted to use such data for specified purposes, with strict limitations on data retention and sharing.
The bill prohibits the sale of reproductive health data without explicit consent, starting June 30, 2027. To ensure transparency, entities will be required to provide a conspicuous link on their websites, allowing individuals to revoke consent for the sale or processing of their data.
Additionally, the legislation outlines measures to restrict the use of geofencing technology near facilities providing reproductive health services. This prohibition aims to prevent tracking or collecting information on individuals seeking such services.
The Michigan Attorney General (AG) is authorized to take legal action to enforce the bill’s provisions, seeking injunctions against violations. Both the AG and individuals affected by breaches of the Act can pursue damages of up to $750 per incident or actual losses, whichever is greater.
The bill’s implementation is expected to have a minor negative fiscal impact on state and local governments. Agencies such as Medicaid or local health departments, classified as “covered entities,” may incur compliance costs. The Attorney General’s office and local courts could also face administrative expenses related to enforcing the legislation.
The Reproductive Health Data Protection Act aligns with national conversations around data privacy and consumer rights. If enacted, it would position Michigan as a leader in reproductive health data protection, setting a precedent for other states grappling with similar concerns.
The bill will take effect two years after its enactment, providing time for covered entities to comply with its provisions. As the legislation moves forward, it has drawn widespread attention for its potential to reshape privacy standards in healthcare technology.
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