H.R. 651 · 117th Congress · House

Public Health Emergency Privacy Act

Active· Referred to the Subcommittee on Consumer Protection and Commerce.
Introduced
Feb 1, 21
Passed House
Pending
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

Public Health Emergency Privacy Act

This bill imposes privacy, confidentiality, and security requirements on the use and disclosure of COVID-19 (i.e., coronavirus disease 2019) emergency health data. This is data that is linked to an individual or device, such as test results.

The requirements apply to organizations that collect, use, or disclose emergency health data electronically or that manage websites or applications for contact tracing and other COVID-19 response activities.

These organizations must provide notice of privacy and other policies. They must also ensure the accuracy of, prevent discrimination based on, and limit disclosure of the data. If an organization collects data from at least 100,000 individuals, it must publicly report additional information about how it uses and discloses the data.

Furthermore, the bill prohibits the use of emergency health data for commercial advertising or in ways that restrict access to opportunities, services, and other accommodations.

It also prohibits government entities and organizations from using this data to infringe on the right to vote. The Department of Health and Human Services must report on the civil rights impact of the collection, use, and disclosure of health data.

The bill provides for enforcement by the Federal Trade Commission, states, and a private right of action. It further specifies that certain dispute resolution mechanisms, such as arbitration, are unenforceable with respect to disputes arising under the bill.

Action Timeline

4
  1. FEB 02, 2021Committee

    Referred to the Subcommittee on Consumer Protection and Commerce.

  2. FEB 01, 2021IntroReferral

    Introduced in House

  3. FEB 01, 2021IntroReferral

    Introduced in House

  4. FEB 01, 2021IntroReferral

    Referred to the House Committee on Energy and Commerce.

Committees

2

Commerce, Manufacturing, and Trade Subcommittee

hsif17

Referred: Feb 2, 2021

Active

Energy and Commerce Committee

hsif00

Referred: Feb 1, 2021

Active