Bill Overview
Title: My Body, My Data Act of 2022
Description: This bill establishes protections, subject to certain limits, for personal reproductive or sexual health information. This includes information relating to past, present, or future surgeries or procedures, such as the termination of a pregnancy. Specifically, commercial entities, including individuals, nonprofits, and common carriers, may not collect, retain, use, or disclose personal reproductive or sexual health information except (1) with the express written consent of the individual to whom such information relates, or (2) as is strictly necessary to provide a requested product or service. Commercial entities also must provide individuals with access to, and a reasonable mechanism to delete, any of their reproductive or sexual health information upon request. Further, commercial entities must maintain and publish a privacy policy describing their practices with respect to such information. The bill's provisions do not apply to entities that are subject to certain existing health-related privacy regulations, such as the privacy regulations issued under the Health Insurance Portability and Accountability Act of 1996. Additionally, the provisions do not apply to the disclosure of personal reproductive or sexual health information for the publication of newsworthy information of legitimate public concern. The bill provides for enforcement by the Federal Trade Commission and by private civil actions.
Sponsors: Rep. Jacobs, Sara [D-CA-53]
Target Audience
Population: People with their personal reproductive or sexual health information collected by commercial entities
Estimated Size: 167000000
- The bill aims to protect reproductive or sexual health information from unauthorized collection, retention, use, or disclosure.
- Practically, anyone with reproductive or sexual health information that might be processed by commercial entities could be affected by this bill.
- The global population with access to reproductive and sexual health services is vast, but the bill specifically protects information collected by commercial entities.
- Individuals concerned about reproductive or sexual health data privacy will be directly impacted by the provisions of this bill, given its focus on personal consent.
Reasoning
- The target population is expansive, covering anyone whose reproductive or sexual health information might be collected by commercial entities. However, only a subset will be directly impacted given existing regulations and variances in the use of digital health services.
- The budget constraints suggest limited direct outreach or enforcement mechanisms initially, limiting impact to key demographics in digital spaces or those actively engaging with relevant commercial services.
- Personal opinions vary widely, with some individuals feeling strongly about privacy issues while others may remain indifferent due to existing protections or lack of awareness.
- Many people might not feel an immediate impact as their data might already be protected under regulations like HIPAA, or they do not frequently use such services.
Simulated Interviews
Tech marketing specialist (San Francisco, CA)
Age: 28 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 10/20
Statement of Opinion:
- I'm glad there are more protections for reproductive health data. It's personal and shouldn't be used without consent.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 9 | 7 |
| Year 10 | 9 | 7 |
| Year 20 | 8 | 6 |
Small business owner (Austin, TX)
Age: 45 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 0.0 years
Commonness: 12/20
Statement of Opinion:
- I don't think this policy affects me much. My health data isn't really online.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 5 |
| Year 20 | 5 | 5 |
Nurse (Chicago, IL)
Age: 32 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 5.0 years
Commonness: 8/20
Statement of Opinion:
- I already trust current regulations, but any additional protection can't hurt.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 8 |
| Year 5 | 8 | 8 |
| Year 10 | 8 | 7 |
| Year 20 | 7 | 7 |
College student (Miami, FL)
Age: 19 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 20.0 years
Commonness: 15/20
Statement of Opinion:
- I worry about who has my data, so this gives me some peace of mind.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 8 | 5 |
| Year 10 | 8 | 5 |
| Year 20 | 8 | 4 |
Lawyer (New York, NY)
Age: 56 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 10/20
Statement of Opinion:
- I'm always concerned about data use, and appreciate any legal reinforcements.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 6 |
| Year 20 | 6 | 5 |
HR manager (Atlanta, GA)
Age: 39 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 8.0 years
Commonness: 9/20
Statement of Opinion:
- This policy seems like a good step for protecting employee data privacy.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 7 | 5 |
Retired engineer (Seattle, WA)
Age: 61 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 0.0 years
Commonness: 11/20
Statement of Opinion:
- I don't see this policy affecting me, but it's reassuring for my kids' data.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Freelancer (Denver, CO)
Age: 25 | Gender: other
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 15/20
Statement of Opinion:
- This makes me feel safer about keeping my consultations private.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 8 | 6 |
| Year 20 | 7 | 6 |
Public relations manager (Los Angeles, CA)
Age: 40 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 10/20
Statement of Opinion:
- I think this is good for society, as it might make people more trusting of digital health services.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 7 | 6 |
| Year 20 | 6 | 6 |
Teacher (Boston, MA)
Age: 50 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 8/20
Statement of Opinion:
- I'm hopeful this will influence school policies on student data as well.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 8 | 6 |
| Year 20 | 7 | 6 |
Cost Estimates
Year 1: $100000000 (Low: $80000000, High: $150000000)
Year 2: $70000000 (Low: $50000000, High: $120000000)
Year 3: $50000000 (Low: $40000000, High: $100000000)
Year 5: $30000000 (Low: $20000000, High: $70000000)
Year 10: $15000000 (Low: $10000000, High: $30000000)
Year 100: $5000000 (Low: $2000000, High: $10000000)
Key Considerations
- The FTC's capacity to enforce these new regulatory requirements effectively will be crucial.
- Commercial entities may pass some compliance costs onto consumers.
- The bill’s impact will be magnified by the scale of commercial data collection in sectors related to reproductive and sexual health.
- Potential for legal challenges that could delay or modify enforcement.