What does Preamble of My Body, My Data Act of 2025 do?

This bill is formally titled 'To protect the privacy of personal reproductive or sexual health information, and for other purposes.'

What does SHORT TITLE. of My Body, My Data Act of 2025 do?

This bill is formally titled the My Body, My Data Act of 2025.

What does MINIMIZATION. of My Body, My Data Act of 2025 do?

This section establishes minimization requirements for regulated entities handling personal reproductive or sexual health information. Regulated entities are prohibited from collecting, retaining, using, or disclosing such information unless it is strictly necessary to fulfill a requested product or service. Employee and service provider access to this information must be restricted to those whose access is necessary to provide the requested product or service.

What does RIGHT OF ACCESS, CORRECTION, AND DELETION. of My Body, My Data Act of 2025 do?

This section establishes rights of access, correction, and deletion for individuals regarding their personal reproductive or sexual health information held by regulated entities. Individuals can request access to their reproductive or sexual health information, including details about information collected from third parties and information inferred by the regulated entity. Regulated entities must provide this information in both human-readable and machine-readable formats. Individuals can request the correction of inaccurate reproductive or sexual health information held by the regulated entity or its service providers. Individuals can request the deletion of their reproductive or sexual health information. A 'reasonable mechanism' for exercising these rights must be provided, primarily through the regulated entity’s existing channels, be easy to use, prominently available, and include an online option. Regulated entities must comply with verified requests within 15 days without charging fees. The section clarifies that regulated entities are not required to convert non-personal information into personal information, collect or retain information they otherwise wouldn't, or retain information longer than they normally would.

What does PRIVACY POLICY. of My Body, My Data Act of 2025 do?

This section establishes a requirement for regulated entities to maintain a privacy policy concerning personal reproductive or sexual health information. The privacy policy must be prominently published on the regulated entity's website. The policy must clearly describe the entity's practices regarding the collection, retention, use, and disclosure of this information. The policy must include categories of information collected, retained, used, or disclosed, along with the purposes for each category. It requires listing third parties to whom information is disclosed and from whom information is collected, specifying the purposes of these disclosures and collections. The policy must detail how individuals can control the collection, retention, use, and disclosure of their information, including direct links to those controls. The policy must also describe the entity’s efforts to protect this information from unauthorized disclosure.

What does PROHIBITION AGAINST RETALIATION. of My Body, My Data Act of 2025 do?

This section prohibits retaliation against an individual for exercising rights under the Act. Retaliation includes denying goods or services to an individual. Charging different prices or rates, or offering different levels of quality, constitutes retaliation. Suggesting a change in price, rate, or quality of goods or services is also prohibited as retaliation.

What does ENFORCEMENT. of My Body, My Data Act of 2025 do?

This section outlines the enforcement mechanisms for the Act. The Federal Trade Commission (FTC) is responsible for enforcing the Act and its regulations, utilizing the same powers and jurisdiction as under the Federal Trade Commission Act. The Commission can promulgate regulations to implement the Act, following Title 5, United States Code, section 553. Individuals alleging a violation of the Act can bring a civil action in court. If an individual prevails in a civil action, the court may award damages including an amount between $100 and $1,000 per violation per day, or actual damages, punitive damages, attorney's fees, and other appropriate relief. A violation related to personal reproductive or sexual health information constitutes a concrete and particularized injury in fact. Pre-dispute arbitration agreements and pre-dispute joint-action waivers are invalid and unenforceable with respect to disputes arising under this Act. A court, not an arbitrator, will determine the applicability of the arbitration agreement invalidation clause.

What does DEFINITIONS. of My Body, My Data Act of 2025 do?

This section defines key terms used throughout the Act related to personal reproductive or sexual health information. “Collect” is defined as obtaining personal reproductive or sexual health information in any manner. “Disclose” is defined as releasing, transferring, selling, providing access to, licensing, or divulging such information to a third party or government entity. “Personal information” is broadly defined as information that relates to or could be linked with a particular individual. “Personal reproductive or sexual health information” includes information related to reproductive or sexual health, such as efforts to obtain related services, conditions, surgeries, contraceptive use, and related bodily functions. “Regulated entity” refers to entities engaged in commerce subject to the Federal Trade Commission’s jurisdiction, with exceptions for entities already covered by HIPAA or subject to Public Health Service Act restrictions. “Service provider” is defined as an entity that collects, retains, or discloses information solely on behalf of a regulated entity and bound by restrictive information processing terms. “Third party” is defined as any person who is not the regulated entity, the individual to whom the information relates, or a service provider.

What does RULE OF CONSTRUCTION. of My Body, My Data Act of 2025 do?

This section establishes a rule of construction for the Act. The Act states that it should not be interpreted in a way that limits or diminishes First Amendment freedoms.

What does RELATIONSHIP TO FEDERAL AND STATE LAWS. of My Body, My Data Act of 2025 do?

This section establishes that the Act does not limit other federal laws unless specifically provided within the Act. The Act is not intended to preempt, displace, or supplant state laws. A state law does not conflict with the Act if it provides greater privacy protection than the Act itself.

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My Body, My Data Act of 2025

Last updated: 6/11/2025 · Introduced: 6/11/2025

Author: Sara Jacobs (D-CA)

TL;DR (AI)

This Act restricts companies from collecting, retaining, using, or disclosing personal reproductive or sexual health information unless it's strictly necessary for a requested product or service.
Individuals have the right to access, correct, and delete their reproductive and sexual health information held by companies, with a streamlined process for requesting this information.
Companies must publish a detailed privacy policy outlining their practices regarding the collection, retention, use, and disclosure of personal reproductive or sexual health information, including links to control these practices.
The Act prohibits companies from retaliating against individuals who exercise their rights related to reproductive or sexual health data, including denying services or charging different prices.
The Federal Trade Commission (FTC) will enforce the Act, and individuals can sue for violations, potentially receiving damages and attorney's fees.

119th Congressin committeeS. 2029(In Committee)Official page

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