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 is 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 information, including how it was collected from third parties and any inferences made about them, as well as a list of third parties to whom the information has been disclosed. Information must be provided in both human-readable and machine-readable formats. Individuals can request correction of inaccurate information held by regulated entities or their service providers. Individuals can request deletion of their personal reproductive or sexual health information. A 'reasonable mechanism' for exercising these rights must be provided, accessible through the regulated entity's primary means of providing goods or services, easy to use, prominently available, and include an online option. Regulated entities must comply with verified requests within 15 days without undue delay. Fees are prohibited for requests made under this section. The section clarifies that regulated entities are not required to convert non-personal information into personal information, collect or retain information they wouldn't otherwise, or retain information longer than they otherwise 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 the collection, retention, use, and disclosure of personal reproductive or sexual health information. The privacy policy must be prominently published on the regulated entity's website. The policy must include a description of the entity's practices regarding reproductive or sexual health information. The policy must list 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, along with the purposes for these actions. The policy must describe 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 who exercises a right under the Act. Retaliation includes denying goods or services. It also prohibits charging different prices or rates, or providing different levels or quality of goods or services. Suggesting a change in price, rate, or quality of goods or services constitutes retaliation under this section.

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

This section outlines the enforcement mechanisms for the Act. The Commission is authorized to enforce this Act similarly to how it enforces the Federal Trade Commission Act. Violations of this Act are treated as violations of regulations under the Federal Trade Commission Act. Individuals alleging a violation of this Act may bring a civil action in court. Successful plaintiffs in civil actions may be awarded damages, including an amount between $100 and $1,000 per violation per day, punitive damages, attorney's fees, and other appropriate relief. A violation concerning personal reproductive or sexual health information constitutes a concrete 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. Courts, not arbitrators, will determine the applicability of this provision.

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” means obtaining personal reproductive or sexual health information. “Disclose” means releasing or transferring such information to a third party or government entity. “Personal information” is broadly defined as information that identifies or relates to an individual. “Personal reproductive or sexual health information” includes a wide range of data, such as reproductive health conditions, services, and related data derived from other sources. “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 processes personal reproductive or sexual health information on behalf of a regulated entity. “Third party” is defined as any person who is not the regulated entity, the individual, 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 clarifies the relationship between this Act and existing federal laws. The Act states that it should not limit other federal laws unless specifically provided within the Act itself. This section also addresses the relationship between this Act and state laws. The Act generally aims to avoid preempting, displacing, or supplanting state laws. A state law is not considered to conflict with this Act if it provides greater privacy protection.

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My Body, My Data Act of 2025

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

Author: Mazie Hirono (D-HI)

TL;DR (AI)

This Act limits the collection, retention, use, and disclosure of personal reproductive or sexual health information by regulated entities to only what is strictly necessary for providing a requested product or service.
Individuals gain rights to access, correct, and delete their reproductive or sexual health information held by regulated entities, with a requirement for accessible and easy-to-use mechanisms to exercise these rights.
Regulated entities must publish a detailed privacy policy outlining their practices regarding reproductive or sexual health information, including data collection, usage, and disclosure.
The Act prohibits retaliation against individuals who exercise their rights under the law, including denying goods or services or charging different prices.
The Federal Trade Commission can enforce this Act, and individuals can bring civil lawsuits for violations, potentially recovering damages and attorney's fees.

119th Congressin committeeOfficial page

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