# What does "strictly necessary" mean for health data and advertising under Maryland's MODPA?

## Where readings differ

| Reading | What it holds | What it relies on | What it means for a design |
| --- | --- | --- | --- |
| A cautious reading | Health-based audience selection and measurement normally serve the advertiser rather than the specific service the consumer requested. The separate sale bar remains even when a consumer has expressed interest. | [§ 14-4707(a)(1)–(2)](https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_874_hb0711t.pdf) and the words specific product or service | The design leaves health-based selection and measurement out of campaigns for covered Maryland data. |
| A permissive reading | When a consumer explicitly requests a service made up of condition-specific messages, processing integral to delivering those messages can serve the requested product. Any sale still raises the separate statutory bar. | [§ 14-4707(a)(1)–(2)](https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_874_hb0711t.pdf) and the scope of the consumer’s actual request | The design records the request and separates delivery from wider audience selection and reuse. |

**Where the readings collide.** The parties might agree that the consumer requested reminders while disagreeing over whether measurement is part of delivery. The dispute may also concern whether a contextual placement uses sensitive data about a visitor at all. The words of the request and the actual fields can change both analyses.

## Questions to take to your counsel

1. Does the Act apply to us and to this data, given its thresholds and exemptions?
2. What exactly did the consumer request, and can we evidence it?
3. Is each processing step needed to deliver that request, or only useful?
4. Does any transfer in the flow amount to a sale of sensitive data?
5. How do we treat measurement and frequency capping for Maryland consumers?
6. Has the Attorney General issued guidance or taken action since this page was checked?

[Read the full checkpoint](https://adsovereign.com/blog/modpa-strictly-necessary-advertising) · [CC BY 4.0](https://creativecommons.org/licenses/by/4.0/)