Consumer Data Privacy Act Passed by Senate, but Dies in House

December 31, 2024

Michigan's Personal Data Privacy Act Advances, Raising Stakes for Medtech Industry

The Michigan Senate passed the Personal Data Privacy Act (SB 659) along party lines in lame duck session, moving Michigan a step closer to joining the growing ranks of states that have approved comprehensive privacy and data protection legislation. But the legislation didn’t get taken up by the House and died, meaning that the measure is likely to be reintroduced in 2025.

It would, among other provisions, give consumers the right to opt out of the processing of their personal data for targeted advertising, the sale of personal data, and specified profiling activities, as well as confer data rights found in other states’ laws, including rights of access, correction, deletion, and data portability.


MichBio, along with its partner, AdvaMed, advocated long for inclusion of the following exemption: Sec.11 (3): Information included in a Limited Data Set as described at 45 CFR 164.514(e), to the extent that the information is used, disclosed, and maintained in the manner specified at 45CFR 164.514(e).



That legal speak is a critical inclusion and would permit the transfer of research data between parties and avoid negatively impacting patient care and research and development, especially on the part of medical device manufacturers.


There is no way for medical device manufacturers to tell whether data from certain devices technically falls outside of HIPAA, so all data is treated as though it is protected under HIPAA. The proposed exemption enables medtech companies to continue to support patient care uniformly.


For example, patient data from cardiac monitors used by HCPs who are Covered Recipients under HIPAA is excluded, while patient data from the same model cardiac monitors used by concierge physicians is regulated as health data under this bill with respect to the medtech company even though the company treats data from both devices in the same way.


MichBio and AdvaMed tried to point out that certain consumer rights and regulated entity obligations are inconsistent with how medical devices are utilized in patient care. We expect the bill will be reintroduced in early 2025.

RECENT ARTICLES

March 28, 2025
Secure Your Spot at The MedTech Conference 2025 with MichBio!
March 28, 2025
Propelling Innovation in CNS Biotherapeutics
March 28, 2025
Dexter Biometry is a contract bioinformatics service, specializing in data analysis, data visualization dashboards and reports, pipeline automation and other digital services for biotech, pharma and academic science. Founded in 2024 to help scientists lacking adequate informatics staff quickly solve a wide variety of data problems, they have leveraged decades of scientific experience to help clients across the country and across scientific disciplines. They have provided cost-effective client solution at a variety of scales, from assistance with manuscript preparation all the way to cloud deployments of containerized pipelines. Early clients have primarily focused on genomics, proteomics and immune oncology, however Dexter Biometry is currently expanding their services into other fields such as virology and agricultural genomics. Built on client relationships in San Diego and Baltimore, Dexter Biometry is looking to build relationships with clients closer to their home in Dexter, MI, where remote services can be augmented with on-site help when needed. Visit their website to learn more: https://dexterbiometry.com/ 
Share by: