Introduction
Consumer Health Data Privacy Rights in the U.S. 2025 have become a central focus of state-level reform. As fitness apps, smartwatches, and telehealth tools gather medical-like data, regulators are addressing how this information can be used, shared, and sold. The goal is to close privacy gaps between healthcare providers and consumer tech companies.
Key Takeaways
• Several states such as Washington, Nevada, and Connecticut enacted health data privacy laws in 2025.
• The Federal Trade Commission (FTC) is enforcing deceptive practices related to undisclosed data sharing.
• Consumers now have expanded rights to access, delete, and restrict the use of their digital health information.
Legal Basis
The FTC Health Breach Notification Rule and the Washington My Health My Data Act form the foundation of current protections. These laws require companies to notify consumers and regulators after unauthorized disclosures and to obtain explicit consent before data sharing. For further reading, visit the official FTC website at ftc.gov.
State-by-State Differences
Each state defines “consumer health data” differently. Washington’s statute covers any physical or mental health information gathered by digital means, while California’s CCPA applies broader privacy rights but excludes HIPAA-covered entities. Nevada’s 2025 amendment uniquely allows civil penalties for companies failing to delete user data upon request.
Real-World Cases
In 2024, the FTC fined a fertility app for secretly sharing reproductive health data with advertisers. This case influenced new 2025 enforcement priorities. Another example involved wearable device companies that failed to obtain proper consent before exporting U.S. user data abroad—resulting in record penalties.
Step-by-Step Actions
1. Review the privacy policy of any app handling your health metrics.
2. Submit a written data deletion request when switching services.
3. Use browser and device privacy settings to limit third-party tracking.
4. If your health data is exposed, file a complaint with the FTC or your state attorney general’s office.
Why This Matters
Consumer control over health data promotes digital trust and accountability. Transparent handling of sensitive metrics prevents discrimination in employment, insurance, and advertising. These privacy rights also create a consistent compliance framework for emerging AI-driven health technologies.
FAQ
Q: Does HIPAA protect all consumer health data?
A: No. HIPAA applies only to traditional healthcare providers, not to consumer apps or wearables. That’s why consumer health data privacy rights laws were created at the state level.
Q: What happens if a company sells my health data?
A: Under new laws, companies must obtain affirmative consent before selling or sharing such information. Violations can lead to significant fines and private lawsuits by affected consumers.
Q: How can I exercise my privacy rights?
A: You can request data access, correction, or deletion directly from the company. If ignored, you may escalate the complaint to the FTC or your state’s consumer protection office.