Senate bill proposes to protect personal health information collected by apps, tracking devices, and DNA testing kits

On June 13, Sens. Lisa Murkowski, R-Ala., and Amy Klobuchar, D-Minn., introduced a bill in the Senate to protect consumers’ private health data collected by health tracking devices, apps, and DNA testing kits.

The bill, called the Protecting Personal Health Data Act, would fill the gaps left by HIPAA by requiring the secretary of Health and Human Services (HHS) to promulgate regulations that strengthen privacy and security protections for this data. It also calls for the creation of a national task force on health data protection to evaluate and provide input on cybersecurity risks and privacy concerns associated with consumer products that handle personal health data. 

“New technologies have made it easier for people to monitor their own health, but health tracking apps and home DNA testing kits have also given companies access to personal, private data with limited oversight,” Klobuchar said in a press release. “This legislation will protect consumers’ personal health data by requiring that regulations be issued by the federal agencies that have the expertise to keep up with advances in technology.”

The bill comes two months after the Office of Civil Rights (OCR) released an FAQ explaining that once patients independently choose to share health information from a covered entity (CE) through an app that is not a CE or business associate under HIPAA, that health information is no longer subject to HIPAA protections. 

Consumer Reports endorsed the new bill, stating in the press release that new legislation is necessary to protect consumers’ right to privacy while ensuring their right to take advantage of new health technology.