I 
118TH CONGRESS 
1ST SESSION H. R. 3420 
To protect the privacy of personal reproductive or sexual health information, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 17, 2023 
Ms. JACOBS (for herself, Mr. CONNOLLY, Mr. HUFFMAN, Mr. GRIJALVA, Ms. 
BONAMICI, Mr. SHERMAN, Ms. BARRAGA´N, Ms. ESCOBAR, Ms. WILD, Mr. 
SWALWELL, Mr. VEASEY, Ms. GARCIA of Texas, Ms. WILLIAMS of Geor-
gia, Mr. MOULTON, Mr. VARGAS, Mr. PAYNE, Ms. STANSBURY, Mr. BOW-
MAN, Mr. CASTRO of Texas, Ms. WILSON of Florida, Ms. MOORE of Wis-
consin, Mr. ALLRED, Ms. ROSS, Ms. CROCKETT, Mr. DOGGETT, Mr. 
CA´RDENAS, Mr. TRONE, Mr. GOTTHEIMER, Ms. MENG, Mr. TORRES of 
New York, Ms. BROWNLEY, Mr. TONKO, Mr. DESAULNIER, Mr. CASTEN, 
Mr. CARTER of Louisiana, Mr. PAPPAS, Ms. SCANLON, Mr. MORELLE, 
Ms. VELA´ZQUEZ, Mr. SMITH
of Washington, Ms. JAYAPAL, Mrs. 
TRAHAN, Ms. PRESSLEY, Ms. MCCOLLUM, Ms. LOIS FRANKEL of Flor-
ida, Mr. COHEN, Ms. TITUS, Ms. SEWELL, Ms. LEE of California, Ms. 
TOKUDA, Ms. CHU, Mr. KHANNA, Mr. KEATING, Ms. CLARKE of New 
York, Ms. JACKSON LEE, Mr. QUIGLEY, Mrs. FLETCHER, Ms. NORTON, 
Ms. SHERRILL, Mr. SCHIFF, Ms. MATSUI, Mrs. TORRES of California, 
Mrs. NAPOLITANO, Mrs. HAYES, Ms. BROWN, Mr. POCAN, Mrs. MCCLEL-
LAN, Ms. LEGER FERNANDEZ, Mr. MEEKS, Mr. PANETTA, Mr. TAKANO, 
Mr. 
KRISHNAMOORTHI, 
Ms. 
SPANBERGER, 
Ms. 
LOFGREN, 
Ms. 
KAMLAGER-DOVE, Mr. CROW, Ms. ESHOO, Ms. BALINT, Ms. MANNING, 
Mr. JOHNSON of Georgia, Ms. KUSTER, Mr. PHILLIPS, Ms. PETTERSEN, 
Mr. JACKSON of Illinois, Mr. CARBAJAL, Ms. WEXTON, Mr. GREEN of 
Texas, Ms. SALINAS, Mrs. CHERFILUS-MCCORMICK, Ms. PELOSI, Mrs. 
WATSON COLEMAN, and Ms. PORTER) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
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A BILL 
To protect the privacy of personal reproductive or sexual 
health information, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘My Body, My Data 
Act of 2023’’. 
SEC. 2. MINIMIZATION. 
(a) MINIMIZATION
OF COLLECTING, RETAINING, 
USING, AND DISCLOSING.—A regulated entity may not 
collect, retain, use, or disclose personal reproductive or 
sexual health information, except as is strictly necessary 
to provide a product or service that the individual to whom 
such information relates has requested from such regu-
lated entity. 
(b) MINIMIZATION OF EMPLOYEE ACCESS.—A regu-
lated entity shall restrict access to personal reproductive 
or sexual health information by the employees or service 
providers of such regulated entity to such employees or 
service providers for which access is necessary to provide 
a product or service that the individual to whom such in-
formation relates has requested from such regulated enti-
ty. 
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SEC. 3. RIGHT OF ACCESS, CORRECTION, AND DELETION. 
(a) RIGHT OF ACCESS.— 
(1) IN
GENERAL.—A regulated entity shall 
make available a reasonable mechanism by which an 
individual, upon a verified request, may access— 
(A) any personal reproductive or sexual 
health information relating to such individual 
that is retained by such regulated entity, in-
cluding— 
(i) in the case of such information 
that such regulated entity collected from 
third parties, how and from which specific 
third parties such regulated entity collected 
such information; and 
(ii) such information that such regu-
lated entity inferred about such individual; 
and 
(B) a list of the specific third parties to 
which such regulated entity has disclosed any 
personal reproductive or sexual health informa-
tion relating to such individual. 
(2) FORMAT.—A regulated entity shall make 
the information described in paragraph (1) available 
in both a human-readable format and a structured, 
interoperable, and machine-readable format. 
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(b) RIGHT
OF CORRECTION.—A regulated entity 
shall make available a reasonable mechanism by which an 
individual, upon a verified request, may direct the correc-
tion of any inaccurate personal reproductive or sexual 
health information relating to such individual that is re-
tained by such regulated entity or the service providers 
of such regulated entity, including any such information 
that such regulated entity collected from a third party or 
inferred from other information retained by such regu-
lated entity. 
(c) RIGHT OF DELETION.—A regulated entity shall 
make available a reasonable mechanism by which an indi-
vidual, upon a verified request, may direct the deletion of 
any personal reproductive or sexual health information re-
lating to such individual that is retained by such regulated 
entity and the service providers of such regulated entity, 
including any such information that such regulated entity 
collected from a third party or inferred from other infor-
mation retained by such regulated entity. 
(d) GENERAL PROVISIONS.— 
(1) REASONABLE
MECHANISM
DEFINED.—In 
this section, the term ‘‘reasonable mechanism’’ 
means, with respect to a regulated entity and a right 
under this section, a mechanism that— 
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(A) is provided in the primary manner 
through which such regulated entity provides 
the goods or services of such regulated entity; 
(B) is easy to use and prominently avail-
able; and 
(C) includes an online means of exercising 
such right. 
(2) TIMELINE
FOR
COMPLYING
WITH
RE-
QUESTS.—A regulated entity shall comply with a 
verified request received under this section without 
undue delay and not later than 15 days after the 
date on which the requesting individual submits the 
verified request. 
(3) FEES
PROHIBITED.—A regulated entity 
may not charge a fee to an individual for a request 
made under this section. 
(4) RULES
OF
CONSTRUCTION.—Nothing in 
this section shall be construed to require a regulated 
entity to— 
(A) take an action that would convert in-
formation that is not personal information into 
personal information; 
(B) collect or retain personal information 
that such regulated entity would otherwise not 
collect or retain; or 
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(C) retain personal information longer 
than such regulated entity would otherwise re-
tain such information. 
SEC. 4. PRIVACY POLICY. 
(a) POLICY REQUIRED.—A regulated entity shall 
maintain a privacy policy relating to the practices of such 
regulated entity regarding the collecting, retaining, using, 
and disclosing of personal reproductive or sexual health 
information. 
(b) PUBLICATION REQUIRED.—A regulated entity 
shall prominently publish the privacy policy required by 
subsection (a) on the website of such regulated entity. 
(c) CONTENTS.—The privacy policy required by sub-
section (a) shall be clear and conspicuous and shall con-
tain, at a minimum, the following: 
(1) A description of the practices of the regu-
lated entity regarding the collecting, retaining, 
using, and disclosing of personal reproductive or sex-
ual health information. 
(2) A concise statement of the categories of 
such information collected, retained, used, or dis-
closed by the regulated entity. 
(3) A concise statement, for each such category, 
of the purposes of such regulated entity for the col-
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lecting, retaining, using, or disclosing of such infor-
mation. 
(4) A list of the specific third parties to which 
such regulated entity discloses such information, and 
a concise statement of the purposes for which such 
regulated entity discloses such information, including 
how such information may be used by each such 
third party. 
(5) A list of the specific third parties from 
which such regulated entity has collected such infor-
mation, and a concise statement of the purposes for 
which such regulated entity collects such informa-
tion. 
(6) A concise statement describing the extent to 
which individuals may exercise control over the col-
lecting, retaining, using, and disclosing of personal 
reproductive or sexual health information by such 
regulated entity, the steps an individual is required 
to take to implement such controls, and direct links 
to such controls. 
(7) A concise statement describing the efforts 
of the regulated entity to protect personal reproduc-
tive or sexual health information from unauthorized 
disclosure. 
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SEC. 5. PROHIBITION AGAINST RETALIATION. 
A regulated entity may not retaliate against an indi-
vidual because the individual exercises a right of the indi-
vidual under this Act, including by— 
(1) denying goods or services to the individual; 
(2) charging the individual different prices or 
rates for goods or services, including by using dis-
counts or other benefits or imposing penalties; 
(3) providing a different level or quality of 
goods or services to the individual; or 
(4) suggesting that the individual will receive a 
different price or rate for goods or services or a dif-
ferent level or quality of goods or services. 
SEC. 6. ENFORCEMENT. 
(a) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of this Act or a regulation pro-
mulgated under this Act shall be treated as a viola-
tion of a regulation under section 18(a)(1)(B) of the 
Federal 
Trade 
Commission 
Act 
(15 
U.S.C. 
57a(a)(1)(B)) regarding unfair or deceptive acts or 
practices. 
(2) POWERS OF COMMISSION.—Except as pro-
vided in section 7(6)(A)(ii), the Commission shall 
enforce this Act and the regulations promulgated 
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under this Act in the same manner, by the same 
means, and with the same jurisdiction, powers, and 
duties as though all applicable terms and provisions 
of the Federal Trade Commission Act (15 U.S.C. 41 
et seq.) were incorporated into and made a part of 
this Act, and any regulated entity that violates this 
Act or a regulation promulgated under this Act shall 
be subject to the penalties and entitled to the privi-
leges and immunities provided in the Federal Trade 
Commission Act. 
(3) RULEMAKING
AUTHORITY.—The Commis-
sion may promulgate regulations under section 553 
of title 5, United States Code, to implement this 
Act. 
(b) ENFORCEMENT BY INDIVIDUALS.— 
(1) IN
GENERAL.—Any individual alleging a 
violation of this Act or a regulation promulgated 
under this Act may bring a civil action in any court 
of competent jurisdiction. 
(2) RELIEF.—In a civil action brought under 
paragraph (1) in which the plaintiff prevails, the 
court may award— 
(A) an amount not less than $100 and not 
greater than $1,000 per violation per day, or 
actual damages, whichever is greater; 
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(B) punitive damages; 
(C) reasonable attorney’s fees and litiga-
tion costs; and 
(D) any other relief, including equitable or 
declaratory relief, that the court determines ap-
propriate. 
(3) INJURY IN FACT.—A violation of this Act, 
or a regulation promulgated under this Act, with re-
spect to personal reproductive or sexual health infor-
mation constitutes a concrete and particularized in-
jury in fact to the individual to whom such informa-
tion relates. 
(4) INVALIDITY OF PRE-DISPUTE ARBITRATION 
AGREEMENTS
AND
PRE-DISPUTE
JOINT
ACTION 
WAIVERS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, no pre-dispute arbitra-
tion agreement or pre-dispute joint-action waiv-
er shall be valid or enforceable with respect to 
a dispute arising under this Act. 
(B) APPLICABILITY.—Any determination 
as to whether or how this paragraph applies to 
any dispute shall be made by a court, rather 
than an arbitrator, without regard to whether 
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such agreement purports to delegate such deter-
mination to an arbitrator. 
(C) DEFINITIONS.—For purposes of this 
paragraph: 
(i) 
PRE-DISPUTE
ARBITRATION 
AGREEMENT.—The term ‘‘pre-dispute arbi-
tration agreement’’ means any agreement 
to arbitrate a dispute that has not arisen 
at the time of the making of the agree-
ment. 
(ii) 
PRE-DISPUTE
JOINT-ACTION 
WAIVER.—The term ‘‘pre-dispute joint-ac-
tion waiver’’ means an agreement that 
would prohibit a party from participating 
in a joint, class, or collective action in a ju-
dicial, arbitral, administrative, or other 
forum, concerning a dispute that has not 
arisen at the time of the making of the 
agreement. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) COLLECT.—The term ‘‘collect’’ means, with 
respect to personal reproductive or sexual health in-
formation, for a regulated entity to obtain such in-
formation in any manner. 
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(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(3) DISCLOSE.—The term ‘‘disclose’’ means, 
with respect to personal reproductive or sexual 
health information, for a regulated entity to release, 
transfer, sell, provide access to, license, or divulge 
such information in any manner to a third party or 
government entity. 
(4) PERSONAL INFORMATION.—The term ‘‘per-
sonal information’’ means information that identi-
fies, relates to, describes, is reasonably capable of 
being associated with, or could reasonably be linked, 
directly or indirectly, with a particular individual, 
household, or device. 
(5) PERSONAL
REPRODUCTIVE
OR
SEXUAL 
HEALTH INFORMATION.—The term ‘‘personal repro-
ductive or sexual health information’’ means per-
sonal information relating to the past, present, or 
future reproductive or sexual health of an individual, 
including— 
(A) efforts to research or obtain reproduc-
tive or sexual health information, services, or 
supplies, including location information that 
might indicate an attempt to acquire or receive 
such information, services, or supplies; 
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(B) reproductive or sexual health condi-
tions, status, diseases, or diagnoses, including 
pregnancy and pregnancy-related conditions, 
menstruation, ovulation, ability to conceive a 
pregnancy, whether such individual is sexually 
active, and whether such individual is engaging 
in unprotected sex; 
(C) reproductive- and sexual-health-related 
surgeries or procedures, including abortion; 
(D) use or purchase of contraceptives, 
medication abortion, or any other drug, device, 
or materials related to reproductive health; 
(E) bodily functions, vital signs, measure-
ment, or symptoms related to menstruation or 
pregnancy, such as basal temperature, cramps, 
bodily discharge, or hormone levels; 
(F) any information about diagnoses or di-
agnostic testing, treatment, medications, or the 
purchase or use of any product or service relat-
ing to the matters described in subparagraphs 
(A) through (E); and 
(G) any information described in subpara-
graphs (A) through (F) that is derived or ex-
trapolated from non-health information, includ-
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ing proxy, derivative, inferred, emergent, and 
algorithmic data. 
(6) REGULATED ENTITY.— 
(A) IN
GENERAL.—The term ‘‘regulated 
entity’’ means any entity (to the extent such en-
tity is engaged in activities in or affecting com-
merce (as defined in section 4 of the Federal 
Trade Commission Act (15 U.S.C. 44))) that 
is— 
(i) a person, partnership, or corpora-
tion subject to the jurisdiction of the Com-
mission under section 5(a)(2) of the Fed-
eral Trade Commission Act (15 U.S.C. 
45(a)(2)); or 
(ii) notwithstanding section 4, 5(a)(2), 
or 6 of the Federal Trade Commission Act 
(15 U.S.C. 44; 45(a)(2); 46) or any juris-
dictional limitation of the Commission— 
(I) a common carrier subject to 
the Communications Act of 1934 (47 
U.S.C. 151 et seq.) and all Acts 
amendatory 
thereof 
and 
supple-
mentary thereto; or 
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(II) an organization not orga-
nized to carry on business for its own 
profit or that of its members. 
(B) EXCLUSIONS.—The term ‘‘regulated 
entity’’ does not include— 
(i) an entity that is a covered entity, 
as defined in section 160.103 of title 45, 
Code of Federal Regulations (or any suc-
cessor to such regulation), to the extent 
such entity is acting as a covered entity 
under the HIPAA privacy regulations (as 
defined in section 1180(b)(3) of the Social 
Security Act (42 U.S.C. 1320d–9(b)(3))); 
(ii) an entity that is a business asso-
ciate, as defined in section 160.103 of title 
45, Code of Federal Regulations (or any 
successor to such regulation), to the extent 
such entity is acting as a business asso-
ciate under the HIPAA privacy regulations 
(as defined in such section 1180(b)(3)); or 
(iii) an entity that is subject to re-
strictions on disclosure of records under 
section 543 of the Public Health Service 
Act (42 U.S.C. 290dd–2), to the extent 
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such entity is acting in a capacity subject 
to such restrictions. 
(7) SERVICE PROVIDER.— 
(A) IN GENERAL.—The term ‘‘service pro-
vider’’ means a person who— 
(i) collects, retains, uses, or discloses 
personal reproductive or sexual health in-
formation for the sole purpose of, and only 
to the extent that such person is, con-
ducting business activities on behalf of, for 
the benefit of, under instruction of, and 
under contractual agreement with a regu-
lated entity and not any other individual or 
entity; and 
(ii) does not divulge personal repro-
ductive or sexual health information to any 
individual or entity other than such regu-
lated entity or a contractor to such service 
provider bound to information processing 
terms no less restrictive than terms to 
which such service provider is bound. 
(B) LIMITATION OF APPLICATION.—Such 
person shall only be considered a service pro-
vider in the course of activities described in 
subparagraph (A)(i). 
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