I 
117TH CONGRESS 
2D SESSION 
H. R. 8111 
To protect the privacy of personal reproductive or sexual health information, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2022 
Ms. JACOBS of California (for herself, Ms. KUSTER, Mr. PHILLIPS, Ms. LOIS 
FRANKEL of Florida, Ms. PRESSLEY, Ms. CHU, Ms. GARCIA of Texas, 
Ms. ESHOO, Ms. SPEIER, Ms. BROWNLEY, Ms. MANNING, Mrs. LAW-
RENCE, Ms. JACKSON LEE, Mr. PAYNE, Ms. NORTON, Mr. VARGAS, Mr. 
BLUMENAUER, Mr. AUCHINCLOSS, Ms. WILD, Mr. CROW, Ms. 
STANSBURY, Ms. WILLIAMS of Georgia, Ms. ESCOBAR, Mrs. HAYES, Mrs. 
CAROLYN B. MALONEY of New York, Ms. KELLY of Illinois, Mrs. LEE 
of Nevada, Ms. MENG, Ms. CLARK of Massachusetts, Ms. ROSS, Mr. 
KHANNA, Ms. SCANLON, Ms. NEWMAN, Mr. LOWENTHAL, Ms. LEE of 
California, Ms. LEGER FERNANDEZ, and Mrs. FLETCHER) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce 
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 2022’’. 
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ulated entity collected from a third party or inferred from 
other information retained by such regulated entity. 
(c) 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— 
(A) is equivalent in availability and ease of 
use to that of other mechanisms for commu-
nicating or interacting with such regulated enti-
ty; and 
(B) 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 but not later than 15 days after the 
date on which such regulated entity receives such 
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— 
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(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 
(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.—If a regulated entity 
has a website, such regulated entity shall prominently pub-
lish the privacy policy required by subsection (a) on such 
website. 
(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, 
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using, and disclosing of personal reproductive or sex-
ual health information. 
(2) A clear and concise statement of the cat-
egories of such information collected, retained, used, 
or disclosed by the regulated entity. 
(3) A clear and concise statement of the pur-
poses of the regulated entity for the collecting, re-
taining, using, or disclosing of such information. 
(4) A list of the specific third parties to which 
the regulated entity discloses such information, and 
a clear and concise statement of the purposes for 
which the regulated entity discloses such informa-
tion, including how the information may be used by 
each such third party. 
(5) A list of the specific third parties from 
which the regulated entity has collected such infor-
mation, and a clear and concise statement of the 
purposes for which the regulated entity collects such 
information. 
(6) A clear and concise statement describing 
the extent to which individuals may exercise control 
over the collecting, retaining, using, and disclosing 
of personal reproductive or sexual health information 
by the regulated entity, and the steps an individual 
must take to implement such controls. 
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(7) A clear and concise statement describing 
the efforts of the regulated entity to protect personal 
reproductive or sexual health information from un-
authorized disclosure. 
SEC. 5. 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 6(7)(A)(ii), the Commission shall 
enforce this Act and the regulations promulgated 
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-
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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; 
(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-
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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 
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 
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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 
yet arisen at the time of the making of the 
agreement. 
SEC. 6. 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. 
(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. 
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(4) EXPRESS CONSENT.— 
(A) IN GENERAL.—The term ‘‘express con-
sent’’ means, with respect to the collecting, re-
taining, using, or disclosing of personal repro-
ductive or sexual health information, informed, 
opt-in, voluntary, specific, and unambiguous 
written consent (which may include written con-
sent provided by electronic means) to such col-
lecting, retaining, using, or disclosing of such 
information. 
(B) EXCLUSIONS.—The term ‘‘express 
consent’’ does not include any of the following: 
(i) Consent secured without first pro-
viding to the individual a clear and con-
spicuous disclosure, apart from any privacy 
policy, terms of service, terms of use, gen-
eral release, user agreement, or other simi-
lar document, of all information material 
to the provision of consent. 
(ii) Hovering over, muting, pausing, 
or closing a given piece of content. 
(iii) Agreement obtained through the 
use of a user interface designed or manipu-
lated with the substantial effect of sub-
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verting or impairing user autonomy, deci-
sion making, or choice. 
(5) 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. 
(6) 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 information services or supplies, 
including location information that might indi-
cate an attempt to acquire or receive such in-
formation services or supplies; 
(B) reproductive or sexual health condi-
tions, status, diseases, or diagnoses, including 
pregnancy, menstruation, ovulation, ability to 
conceive a pregnancy, whether such individual 
is sexually active, and whether such individual 
is engaging in unprotected sex; 
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(C) reproductive- and sexual-health-related 
surgeries or procedures, such as termination of 
a pregnancy; 
(D) use or purchase of contraceptives, 
birth control, or any medication related to re-
productive health, including abortifacients; 
(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 
use of any product or service relating 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 (such as 
proxy, derivative, inferred, emergent, or algo-
rithmic data). 
(7) 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 
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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 
(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 
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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 
such entity is acting in a capacity subject 
to such restrictions. 
(8) 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 
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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). 
(C) MINIMIZATION
BY
SERVICE
PRO-
VIDERS.—For purposes of compliance with sec-
tion 2 by a service provider of a regulated enti-
ty, a request from an individual to such regu-
lated entity for a product or service, and an ex-
press consent from such individual to such reg-
ulated entity, shall be treated as having also 
been provided to such service provider. 
(9) THIRD
PARTY.—The term ‘‘third party’’ 
means, with respect to the disclosing or collecting of 
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personal reproductive or sexual health information, 
any person who is not— 
(A) the regulated entity that is disclosing 
or collecting such information; 
(B) the individual to whom such informa-
tion relates; or 
(C) a service provider. 
SEC. 7. EXCEPTION FOR THE PUBLICATION OF NEWS-
WORTHY INFORMATION. 
Nothing in this Act, or a regulation promulgated 
under this Act, shall apply with respect to personal repro-
ductive or sexual health information that is collected, re-
tained, used, or disclosed by a regulated entity for the pub-
lication of newsworthy information of legitimate public 
concern to the public, or to the collecting, retaining, using, 
or disclosing of such information by a regulated entity for 
that purpose, if such regulated entity has reasonable safe-
guards and processes that prevent the collecting, retain-
ing, using, or disclosing of personal reproductive or sexual 
health information for commercial purposes other than the 
publication of newsworthy information of legitimate public 
concern. 
SEC. 8. RELATIONSHIP TO FEDERAL AND STATE LAWS. 
(a) FEDERAL LAW PRESERVATION.—Nothing in this 
Act, or a regulation promulgated under this Act, shall be 
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construed to limit any other provision of Federal law, ex-
cept as specifically provided in this Act. 
(b) STATE LAW PRESERVATION.— 
(1) IN GENERAL.—Nothing in this Act, or a 
regulation promulgated under this Act, shall be con-
strued to preempt, displace, or supplant any State 
law, except to the extent that a provision of State 
law conflicts with a provision of this Act, or a regu-
lation promulgated under this Act, and then only to 
the extent of the conflict. 
(2) GREATER
PROTECTION
UNDER
STATE 
LAW.—For purposes of this subsection, a provision 
of State law does not conflict with a provision of this 
Act, or a regulation promulgated under this Act, if 
such provision of State law provides greater privacy 
protection than the privacy protection provided by 
such provision of this Act or such regulation. 
SEC. 9. SAVINGS CLAUSE. 
Nothing in this Act shall be construed to limit the 
authority of the Commission under any other provision of 
law. Nothing in this Act, or a regulation promulgated 
under this Act, shall be construed to prohibit a regulated 
entity from disclosing personal reproductive or sexual 
health information to the Commission as required by law, 
in compliance with a court order, or in compliance with 
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a civil investigative demand or similar process authorized 
under law. 
SEC. 10. SEVERABILITY CLAUSE. 
If any provision of this Act, or the application thereof 
to any person or circumstance, is held invalid, the remain-
der of this Act, and the application of such provision to 
other persons not similarly situated or to other cir-
cumstances, shall not be affected by the invalidation. 
Æ 
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