California Reproductive Health Privacy Bill Signed Into Law
Gov. Gavin Newsom (D) signed a bill aimed at protecting reproductive health privacy. Previously, the legislature passed AB-45 on Sept. 13. It takes effect Jan. 1.
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AB-45 bans the collection, use, disclosure, sale, sharing or retention of personal data of a person who is physically located at or near a family planning center, unless the entity doing so is a health care provider, service plan or contractor. Additionally, the bill would “prohibit geofencing, or selling or sharing personal information with a third party to geofence … an entity that provides in-person health care services in California … and would prohibit the use of personal information obtained in violation of this provision,” said a bill summary.
Several states have recently considered measures that protect the privacy of reproductive health data after Dobbs v. Jackson, the U.S. Supreme Court’s 2022 decision overturning Roe v. Wade, and in the wake of President Donald Trump’s return to the White House (see 2502210015).
Virginia surprised some observers when its Republican governor signed a reproductive privacy law earlier this year (see 2504110039). Its sponsor, Sen. Barbara Favola (D), told Privacy Daily in July that she plans to seek changes to the Virginia law next year (see 2507160063).
“Federal and state laws, including under HIPAA, continue to expand protections for information related to health services, including whether or not a person is receiving services, as well as the types of services, such as reproductive health services,” JacksonLewis privacy attorney Joseph Lazzarotti said in a Monday blog post about AB-45. “Persons or entities seeking to collect, process, or share this information need to be aware of this growing patchwork of law.”