April 5 letter to the legislature

We circulated this letter for a couple of days offering signon by Google Form and a more privacy-friendly CryptPad Form.  We sent it to members of the Washington State Senate early in the morning of April 5, and plan to send it to the House of Representatives before they vote on whether or not to concur with the Senate’s changes.  The Senate did much of what we asked them to:

  • They kept the “per se” clause, and rejected a “right to cure”, although delayed enforcement on small businesses for three months)
  • They didn’t strengthen it, although members of both parties agreed that it should be accompanied by a privacy bill that also covers data held by government agencies.
  • The striker narrowed the definition of consumer health data, but they rejected multiple amendments that proposed weakening it further.
  • Thanks to Law & Justice’s improvements (especially restoring the “per se” clause), the version of My Health My Data the Senate voted on was is substantially stronger than the House version (as long as no loopholes crept in with the late editing), although implementation has been delayed and it remains watered-down
  • The Senate passed My Health My Data 27-21 (with almost all Democrats voting yes, and Sen. Mullet and all Republicans voting no). 

Next, the House votes (probably on April 13) on whether or not to concur and accept the Senate’s changes.  If they do, the Senate version goes to the Governor.  If not, there will be more votes and negotiations — the session ends on April 23, and privacy legislation often goes down to the wire.  We’ll have updates at https://wa-privacy.net

Dear members of the Washington State Legislature,

My Health My Data (ESHB 1155) provides critical protections for consumer health data from websites, apps, wearables like Fitbits – data which is not currently covered by HIPAA. These protections are all the more important since Roe has been overturned and states are criminalizing people who seek and provide reproductive and gender-affirming health care (and anybody who helps them).


  • Maintain the current strong enforcement, including treating violations as a “per se” violation of the Consumer Protection Act.

  • Strengthen the bill to ensure that all consumer health and location data related to accessing or researching health services or supplies is covered.

  • Pass My Health My Data in as strong a version of the bill as you can. to protect our health data and to protect people visiting our state for reproductive health care services.

Almost 1000 people signed in PRO to support the original version of My Health My Data, including healthcare providers, patients, reproductive rights organizations, and gender justice organizations. Stop the exploitation of Washingtonians’ most personal and sensitive data by passing a strong My Health My Data bill. As your constituents, we urgently need these protections NOW.


Note: Affiliations are for informational purposes only and do not constitute organizational endorsement.

Janet Carson, Sammamish, LD 5

Jerimiah Willhite, LD 44

Andrew Beyer, LD 43

Elizabeth O’Donoghue , Island, Greenbank, LD10

Carollynn Zimmers, CD-6 LD-23

Sarah L Richards, Indivisible Kirkland, 48th LD

Vivian Rogers Decker , LD 10

Christine Kohnert, LD 40

Vicki McMullin, LD 36

Jared Moore, University of Washington School of Computer Science, Seattle

Raquel Clavette , Island County

Lynn Keating, Indivisible Bellingham, State District 40

Julia Ban, Bellingham

Ginny Baker, LD 40

Kevin S. Leja, Indivisible Bellingham , 40th

Victoria Savage , LD42

Sanford Savage, LD42

Sara Dougherty , Bellingham, WA

Andrew Reding, Whatcom County Democrats, Whatcom County

MD Speck, Island

Nancy Alexandra Cortes , None, Island County

Courtney Jensen, Whatcom

Harold Mills, Whatcom, Bellingham, 42

Lisa Ornstein, none, Thurston

Lizanne Schader, 42nd

Kate Schwarz, Island County

Adolf, Coupeville

Martha Bartlett , 42nd District

Suzanne Mitten-Lewis, Blaine, WA

Eileen Angilletta , Bellingham

Cynthia Zaferatos , 40th

Kristen Dorwin, 1st LD (Kirkland, WA)

Judith E. Zeidel, State District 40 and Congressional District 2

Linda Hood, Indivisible Tacoma, University Place

Maya Morales, WA People’s Privacy

Sharon Belk-Krebs, LD 40

Janice Condrin, Whatcom County

Michelle Harmeier, Legislative District 42

Rosemary Woodyard, Bellingham

Ann V. Stevenson, Bellingham WA Whatcom County

Deborah Parker , LD 40

Vanessa Muller, None, Anacortes

Cynthia Spiess, LD 43

Kathleen Whitlock

Charles Whitlock

Deborah Carstens, Wallingford Indivisible, LD 46

Meryle A. Korn, Whatcom County, WA

John Graber, Bellingham

Alison Merz, State District 40

Linda Wehrman, Indivisible Whidbey, Coupeville

Karen Hofmann, Indivisible Bellingham, LD42

Ellen Floyd, 27th LD

William L Wallace, Associate Professor, WWU. Retired, Bellingham

Jade Phillips, District 40

Adriane Fain, Coupeville, WA

Terri Pollock, Common Power, Wallingford Indivisible, 46th LD

Helen Carson, Auburn
Karen Studders, JD, LD 32


An outline of the state of Washington, in green, with the words Washington Privacy Organizers