Referred to the House Committee on Energy and Commerce.
The My Body, My Data Act of 2025 restricts private entities from collecting, retaining, using, or disclosing personal reproductive or sexual health information except where strictly necessary to provide a requested product or service. It creates rights for individuals to access, correct, and delete such data (including inferred data), requires clear published privacy policies, and prohibits retaliation against individuals who exercise those rights.
Scope and definitions: liberals emphasize comprehensive coverage (including inferred data) as necessary protection; conservatives worry the scope is overly broad and burdensome.
Relative to its intended legislative type, this bill is a detailed substantive privacy statute: it sets clear protections, defines covered data and actors, grants enforcement authority to the FTC and individuals, and integrates with existing federal and state law frameworks.
The My Body, My Data Act of 2025 restricts private entities from collecting, retaining, using, or disclosing personal reproductive or sexual health information except where strictly necessary to provide a requested product or service.
It creates rights for individuals to access, correct, and delete such data (including inferred data), requires clear published privacy policies, and prohibits retaliation against individuals who exercise those rights.
The bill defines covered entities broadly under FTC jurisdiction (with enumerated exclusions for HIPAA-covered entities, certain business associates, and entities subject to 42 U.S.C. 290dd-2), gives the Federal Trade Commission rulemaking and enforcement authority, and creates a private right of action with statutory and punitive damages, attorney’s fees, and an explicit ban on enforcing pre-dispute arbitration/joint-action waivers for claims under the Act.
On substance the bill is a focused privacy statute with concrete consumer protections that could attract civil-society and privacy-advocate support, but its connection to reproductive issues elevates political controversy. The combination of a broad coverage scope, strong private right of action with daily statutory damages and punitive awards, and a ban on pre-dispute arbitration/class-waiver enforcement are major sources of industry opposition. Those factors reduce the prospects for enactment absent significant compromise (e.g., narrower scope, lower liability exposure, phased implementation, or negotiated exemptions).
Relative to its intended legislative type, this bill is a detailed substantive privacy statute: it sets clear protections, defines covered data and actors, grants enforcement authority to the FTC and individuals, and integrates with existing federal and state law frameworks. It leaves several operational specifics to rulemaking or interpretation and does not address fiscal or resourcing implications.
Scope and definitions: liberals emphasize comprehensive coverage (including inferred data) as necessary protection; conservatives worry the scope is overly broad and burdensome.
These are examples from the analysis, not a ranked list of the most-affected groups.
Scope and definitions: liberals emphasize comprehensive coverage (including inferred data) as necessary protection; conservatives worry the scope is overly broad and burdensome.
A mainstream liberal would generally view this bill as a strong step to protect reproductive and sexual privacy, especially in the post-Dobbs context where data has been used to investigate or prosecute reproductive health decisions.
The broad definition of reproductive/sexual health information, including inferred and location-based signals, and the individual rights to access, correct, and delete data are likely to be seen as important consumer protections.
The private right of action and FTC enforcement are welcomed as means to ensure compliance.
A centrist/ moderate would generally view the bill as a reasonable consumer-privacy measure addressing a clear policy problem, but would be cautious about implementation details and potential unintended consequences.
They would appreciate the balance of FTC rulemaking plus private enforcement, but worry that the 15-day compliance deadline, daily statutory damages, and a broad private right of action could create heavy litigation and compliance burdens.
They would look for clearer definitions, proportional remedies, and safeguards against frivolous suits while preserving meaningful individual rights.
A mainstream conservative would likely be skeptical of the bill as an expansive new regulatory regime that gives the FTC broad authority and opens private entities to significant litigation exposure.
They would be concerned that the definitions are very broad (including inferred data and many types of entities), that statutory damages and punitive awards invite lawsuits, and that the ban on pre-dispute arbitration undermines contractual freedom and increases litigation costs.
While supportive of privacy in principle, they would view this bill as imposing heavy compliance burdens and regulatory overreach that could chill business activity and innovation.
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Still ahead
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On substance the bill is a focused privacy statute with concrete consumer protections that could attract civil-society and privacy-advocate support, but its connection to reproductive issues elevates political controversy. The combination of a broad coverage scope, strong private right of action with daily statutory damages and punitive awards, and a ban on pre-dispute arbitration/class-waiver enforcement are major sources of industry opposition. Those factors reduce the prospects for enactment absent significant compromise (e.g., narrower scope, lower liability exposure, phased implementation, or negotiated exemptions).
The bill has not accumulated any surfaced votes yet.
Scope and definitions: liberals emphasize comprehensive coverage (including inferred data) as necessary protection; conservatives worry the…
On substance the bill is a focused privacy statute with concrete consumer protections that could attract civil-society and privacy-advocate…
Relative to its intended legislative type, this bill is a detailed substantive privacy statute: it sets clear protections, defines covered data and actors, grants enforcement authority to the FTC and individuals, and in…
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