Consumer Reports supports, if it is amended, Nevada S.B. 370, health privacy legislation. S.B. 370 seeks to extend to Nevada consumers important new protections relating to their personal health data, including prohibitions against collecting, selling, or sharing consumer health data without affirmative opt-in consent, the right to know the personal health data companies have collected about them and the right to delete that information.
However, we note that as drafted, the bill includes numerous loopholes that would undermine its protections. We request the following changes:
- Clarify that businesses cannot condition provision of the requested service based on consent to collect unnecessary data.
- Clarify that the non-discrimination provision means price or service discrimination.
- Remove verification requirements from biometric identifier consent provision.
- Add a private right of action for both sections.
- Remove entity level carveouts.
To read the full letter, please see the attached PDF.