Written and medically reviewed by Dorcas Morak, PharmD
On March 6, 2023, U.S. Senators Amy Klobuchar (D-MN), Elizabeth Warren (D-MA), and Mazie Hirono (D-HI) introduced the UPHOLD Privacy Act. This act aims to protect Americans’ privacy by prohibiting companies from using PHI for commercial advertising without the owner’s consent. For years, companies have been using people’s sensitive health data and location data for targeted advertising, but the UPHOLD Privacy Act would establish additional safeguards to protect people’s privacy and give them more control over their health data.What are the propositions of the UPHOLD Act?
Firstly, it would ban the use of personally identifiable health data from any source, including data from users, medical centers, wearable fitness trackers, and web browsing histories, for commercial advertising. Secondly, it would place additional data minimization and disclosure restrictions on companies’ use of personal health data without the individual user’s consent. Thirdly, it would prohibit the sale of precise location data to and by data brokers.
How does the UPHOLD Privacy Act compare to HIPAA?
The UPHOLD Privacy Act expands the coverage of HIPAA by including personally identifiable health information from any source for commercial advertising, including information gathered from users, hospitals, wearable fitness trackers, and web browsing histories. However, it does not apply to public health campaigns such as college students getting vaccinations.
It is also important to note that the senators previously introduced the Secure Access for Essential Reproductive (SAFER) Health Act. This act focuses on strengthening HIPAA for those seeking reproductive healthcare, prohibiting providers from disclosing PHI related to abortion or pregnancy loss without the owner’s consent.
The UPHOLD Privacy Act is a crucial step towards protecting Americans’ privacy by safeguarding their health data. By prohibiting companies from using PHI for commercial gain without the owner’s consent, the UPHOLD Privacy Act would provide consumers with more control over their sensitive information.
