Consumer health data

Consumer health data, under Washington's My Health My Data Act, is personal information linked or reasonably linkable to a consumer that identifies the consumer's past, present or future physical or mental health status.

The definition in RCW 19.373.010(8) is broad. Its list includes health conditions, treatments and diagnoses, the use or purchase of prescribed medication, bodily functions and vital signs, reproductive or sexual health information, and biometric and genetic data. It also covers precise location that could indicate an attempt to get health services, and data that identifies someone seeking care. It extends to information inferred from non-health data, including by algorithms or machine learning (Washington State Legislature, RCW 19.373.010).

That breadth matters for advertising. A purchase or a browsing pattern can become consumer health data once a company uses it to infer a health condition. From 31 March 2024, or 30 June 2024 for small businesses, the Act requires a health data privacy policy and, unless an exception applies, consent to collect or share such data. Selling it requires a signed authorisation that expires one year after signing. Geofences within 2,000 feet of in-person health care providers are unlawful when used to track or target people. A violation counts as an unfair or deceptive act under Washington's consumer protection act (RCW chapter 19.373). Other states have passed their own health data rules, tracked in the state health privacy laws tracker.

Example: A pharmacy retail media network builds a segment of Washington shoppers who bought allergy treatments in the past 90 days. Under the Act's definition that segment is consumer health data, so collecting and sharing it for ads falls under the Act's consent rules, and any sale falls under its authorisation rules.

Related terms: MHMDA, HIPAA, PHI, CMP, data processing agreement.

Authoritative source: Washington State Legislature, RCW 19.373.010(8), definition of "consumer health data" (accessed 9 November 2026).

Read the full guide: Washington My Health My Data Act for advertisers.