Bill
HB 5857
The act creates strict consent-based privacy protections for Rhode Island health data related to reproductive and gender‑affirming care, restricting collection, sharing, and infere
Title: Reproductive Freedom and Gender‑Affirming Care Health Data Privacy Act
Introduced: Feb 28, 2025 (House) — Referred to House Health & Human Services
Status: 04/23/2025 — Committee recommended measure be held for further study
Note on source material: The provided document contains text from multiple, unrelated bills (an earlier Michigan energy bill and the Rhode Island privacy bill). This summary focuses on the Rhode Island “Reproductive Freedom and Gender‑Affirming Care Data Privacy Act” content that comprises the added chapter to Title 23 (Health & Safety).
Purpose and intent
- To create explicit privacy protections for consumer health data tied to reproductive care (including abortion and sexual/reproductive health) and gender‑affirming care.
- To require robust, affirmative consent and set limits on how regulated entities and small businesses may collect, process, share, or infer such health data.
Key provisions (based on provided excerpts)
- New chapter added to Title 23: establishes the “Reproductive Freedom and Gender‑Affirming Care Data Privacy Act.”
- Definitions: detailed definitions for terms such as “consumer,” “consumer health data,” “gender‑affirming care information,” “biometric data,” “genetic data,” “affiliate,” “collect,” “deidentified data,” and “consent.”
- Consumer scope: applies to natural persons who are Rhode Island residents or whose health data is collected while physically present in Rhode Island.
- Consent standard: requires clear, affirmative, opt‑in consent via a standalone disclosure that specifies processing purposes and categories of data; consent must be accessible (language and disability accommodations). Consent may not be obtained via broad terms of use, dark patterns, implied inaction, or other deceptive designs.
- Broad definition of consumer health data: includes direct records of reproductive or gender‑affirming care and inferred/derived data (proxy or algorithmic inferences), and precise location data that could indicate attempts to obtain care.
- Deidentified data: sets criteria requiring reasonable measures to prevent reidentification, a public commitment not to reidentify, and contractual obligations on recipients.
- Research exemption: narrowly allows use of personal information for peer‑reviewed public interest research when governed by institutional review boards and appropriate safeguards.
Who would be affected
- Consumers (Rhode Island residents or persons in RI when data is collected) seeking reproductive or gender‑affirming care.
- Regulated entities and small businesses that collect, process, or share such health data — including healthcare providers, clinics, digital health platforms, apps, advertisers, data brokers, and third‑party processors.
- Affiliates and downstream recipients of data; researchers subject to IRB/governance conditions.
Procedural/timeline notes
- Introduced February 28, 2025; referred to House Health & Human Services.
- Hearing scheduled April 18, 2025; on April 23, 2025 the committee recommended the measure be held for further study.
- The full bill text in the packet is truncated; enforcement mechanisms (remedies, penalties, private right of action, or agency rulemaking authority) are not shown in the provided excerpts.
Uncertainties and recommended follow‑up
- The excerpt omits enforcement, compliance deadlines, preemption language, and any business‑reporting or penalty provisions — these are essential to assess practical impact.
- Because the provided file mixes unrelated legislative text, consult the official bill version and legislative staff for the complete, authoritative text before drawing final conclusions.
Compiled from official sources — confirm details with the bill’s official record.
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