“Consumer health data” defined

“ Consumer health data ” means personally identifiable information that is linked or reasonably capable of being linked to a consumer and that a regulated entity uses to identify the past, present or future health status of the consumer. The term:

1. Includes, without limitation: (a) Information relating to: (1) Any health condition or status, disease or diagnosis; (2) Social, psychological, behavioral or medical interventions; (3) Surgeries or other health-related procedures; (4) The use or acquisition of medication; (5) Bodily functions, vital signs or symptoms; (6) Reproductive or sexual health care; and (7) Gender-affirming care; (b) Biometric data or genetic data related to information described in paragraph (a); (c) Information related to the precise geolocation information of a consumer that a regulated entity uses to indicate an attempt by a consumer to receive health care services or products; and (d) Any information described in paragraph (a), (b) or (c) that is derived or extrapolated from information that is not consumer health data, including, without limitation, proxy, derivative, inferred or emergent data derived through an algorithm, machine learning or any other means.

2. Does not include information that is used to: (a) Provide access to or enable gameplay by a person on a video game platform; or (b) Identify the shopping habits or interests of a consumer, if that information is not used to identify the specific past, present or future health status of the consumer.