S. 2029: My Body, My Data Act of 2025

The My Body, My Data Act of 2025 aims to enhance the privacy of personal reproductive and sexual health information for individuals. Here are the main components of the bill:

Information Collection and Use

Regulated entities, such as companies that provide products or services related to reproductive or sexual health, are restricted in how they handle personal information. They are prohibited from:

• Collecting personal reproductive or sexual health information unless necessary for the requested service.
• Retaining, using, or disclosing such information beyond what is required to provide that service.

Employee Access

Access to personal reproductive or sexual health information is limited to only those employees or service providers who need it to fulfill the service requested by the individual.

Rights of Individuals

The bill establishes several rights for individuals concerning their personal reproductive or sexual health information:

• Right to Access: Individuals can request access to their information, including how it was collected and shared.
• Right to Correction: Individuals can request corrections to any inaccuracies in their information.
• Right to Deletion: Individuals can request that their information be deleted from the records of the regulated entity.

These requests must be fulfilled promptly, within 15 days, without charging any fees.

Privacy Policy Requirements

Regulated entities are required to maintain and publish clear privacy policies that outline:

• Their practices regarding the collection, retention, use, and disclosure of personal reproductive or sexual health information.
• A concise overview of the types of information collected and the purposes for its collection.
• Disclosures of information to third parties, including the reasons for those disclosures.
• How individuals can control their information and the steps they can take to manage it.

Prohibition of Retaliation

The bill prohibits regulated entities from retaliating against individuals who exercise their rights under this Act. This includes actions such as denying services or altering service quality based on the individual’s requests regarding their information.

Enforcement Mechanisms

The Federal Trade Commission (FTC) will be responsible for enforcing this act, treating violations as unfair or deceptive trade practices. Individuals may also take legal action if they believe their rights under the Act have been violated, seeking damages that may range from $100 to $1,000 per violation per day.

Definitions and Scope

The bill defines key terms, including:

• Regulated Entity: Any entity involved in commerce that deals with personal reproductive or sexual health information.
• Personal Reproductive or Sexual Health Information: This includes details about reproductive health conditions, efforts to obtain health services, and any related surgeries or procedures.

Relationship to Other Laws

This bill does not override existing federal or state laws unless they conflict with its provisions. Furthermore, it does not limit First Amendment rights.

Severability

If any part of this bill is found to be invalid or unenforceable, the remainder of the bill will still be effective.

Relevant Companies

None found