Trump's 'Very Scary' Plan Increases Urgency of NY Health Privacy Bill, Says Lawmaker

“This is a complete destruction of our privacy and our health data,” said Rosenthal, responding to reports that the White House is pushing an initiative to develop a health tracking system run by private tech companies where Americans will upload their personal medical records (see 2507310067). Consumer privacy advocates immediately condemned the plan (see 2507300067).

Trump isn’t trying to “improve Americans’ access to their own medical records,” but rather “everyone else’s access to our medical records,” said Rosenthal. “Of course Amazon” and other large tech companies are on board, she added. “Oh my God, this is very, very scary -- and just what we’ve been saying. This is why we need [New York’s health privacy bill] ASAP.”

However, more than six months after New York’s health privacy bill sailed through the state legislature, it still hasn't reached Hochul's desk. A 30-day shot clock for signing the bill won't start until the legislature sends it to Hochul, but Rosenthal said she’s seen no recent movement in Albany to finalize enactment of her health bill, amid “furious” industry lobbying against S-929/A-2141. Even so, the legislator remains “optimistic” about getting the legislation signed by year-end. “I would love if [Hochul] signed it tomorrow, but that’s not going to happen.”

A Hochul spokesperson emailed us on Thursday: “Our team will review the legislation once it hits the Governor's desk.” Senate Majority Leader Andrea Stewart-Cousins (D) and Assembly Speaker Carl Heastie (D) didn’t comment.

Rosenthal said she has received “no word” on when the bill will go to Hochul. Normally, when a bill passes in New York, the two legislative chambers and the governor’s office “speak and decide when they will be sent" to the governor, said Rosenthal. “There’s been no movement on this one. We did have some conversations months ago, but [nothing] since then.” Rosenthal said the talks she had were with the governor’s and attorney general’s offices, among others. At the time, she noted, “technology companies were furiously lobbying against” the measure.

Some observers have said the reelection of Donald Trump likely fueled quick passage of the health privacy bill in the legislature (see 2501280023). It passed by overwhelming margins despite compliance concerns raised by businesses, who said the bill was potentially more onerous than Washington state’s similar 2023 My Health My Data Act.

In February, Future of Privacy Forum warned Hochul that the New York health privacy bill could lead to unintended consequences (see 2502110009). The governor additionally received letters seeking changes or a veto from groups like American Telemedicine Association and multiple advertising groups.

Asked what questions or concerns the governor’s office has raised with the bill, if any, the Assemblymember responded, “Nothing in particular.” But Rosenthal said she knows companies’ concerns. “They don’t want to have to do this,” she summarized.

If Hochul has concerns, one option besides a veto is to modify the bill through New York state’s chapter-amendment process. If that were to happen, legislators and Hochul would have to agree on changes. Then the governor would let the bill become law with a commitment from the legislature to amend the law, which usually happens in January.

‘Not a Race to the Bottom’

Rosenthal said she’s “had to spend a fair amount of time clearing up [industry] misconceptions” about what her health privacy bill does.

For example, Rosenthal cited industry pushback with a requirement that a company wait 24 hours after a consumer downloads an app before asking the consumer to use and sell their data, she said. Companies complain that this means they “can't provide [consumers] what they asked for right away,” she said. Not so, said Rosenthal. The company can fulfill the request for a health app immediately. "It's only if [the company wants to use the customer's data and sell it] ... that [the company must] ask again.”

Another concern is that New York’s bill is stricter than Washington state’s similar law. However, Rosenthal said her responsibility “is to the people in New York state, and we put forth what we think is the strongest protection. But it's not a race to the bottom.” The lawmaker added that she’s “passed numerous laws where New York has a higher standard." She continued, “What happens is that the New York standard then spreads across the country, and people are more protected because we did something that was [a] higher standard.”

“It’s more important than ever” to protect health data through the bill “as the federal government encroaches on all of our private information,” Rosenthal said. Consumers aren't informed enough, with many incorrectly believing that health data from wearables like fitness watches is protected by the Health Insurance Portability and Accountability Act, she said. “And, of course, it’s not.”

Last week in the U.S. Congress, a Democratic senator and a Republican lawmaker called for legislation to protect consumers’ health data privacy outside the scope of HIPAA (see 2507250042). But Rosenthal is skeptical. “Given who has the power in Washington, I don't trust that they would have a better proposal” that is more protective than her state bill, she said.

Meanwhile, Rosenthal said she will continue to push for her separate, comprehensive privacy bill in 2026. The New York Privacy Act (A-4947), despite not passing before lawmakers adjourned in June, remains eligible for passage in 2026, the second year of a two-year legislative cycle.

“I anticipate we're going to have a lot of things to tackle next session, not least of which is the scarcity of funding for all our social safety net programs,” she said. “But certainly protecting [the privacy of] New Yorkers and those who come to New York … is high on my list.”

Comprehensive privacy bills have appeared in the New York legislature for years without success. “It’s a frustrating thing to me,” said Rosenthal. “The moment is now.” She added, “The moment was in the last few years, but here we are.”