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Bill

HB 3494

HEALTH DATA PRIVACY ACT

104th Regular Session Introduced by Dee Avelar and 33 co-sponsors

Illinois establishes comprehensive privacy rights for health data outside HIPAA, requiring consent, security standards, and access/deletion rights for all residents' sensitive health information.

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Bill Summary · HB 3494

Legislative bill overview

HB 3494 is Illinois's Health Data Privacy Act, which establishes comprehensive privacy protections for health information held by entities outside traditional HIPAA-regulated healthcare providers. The bill creates new requirements for data collection, usage, sharing, and security standards for health data, including reproductive health information, genetic data, and mental health records. It grants Illinois residents rights to access, correct, and delete their health data, with enforcement mechanisms and penalties for violations.

Why is this important

Health data increasingly flows through non-regulated entities—apps, wearables, social media platforms, and data brokers—creating privacy gaps that existing federal law doesn't address. This bill directly impacts how companies can monetize health information and protects vulnerable populations seeking sensitive services, particularly regarding reproductive healthcare in the current political environment. The legislation could serve as a model for other states and influence national data privacy standards.

Potential points of contention

  • Business compliance costs: Non-healthcare companies collecting health data may face significant expenses implementing new security, consent, and deletion protocols, potentially affecting app developers and health tech startups
  • Scope and definition disputes: Determining what constitutes "health data" could be contentious—does it include fitness tracking, period apps, or mental health social media posts?
  • Enforcement mechanisms: Questions remain about how the state will investigate violations and whether penalties are sufficient deterrents for large technology companies with deep resources

Compiled from official sources — confirm details with the bill’s official record.

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