A class action lawsuit has been filed against Amazon under Washington state’s “My Health My Data” (MHMD) law, alleging unauthorized tracking of mobile users through the company’s software development kits (SDKs). The legal challenge follows a separate $5 billion federal lawsuit filed against Amazon in 2023 over similar location tracking concerns.
The MHMD law, which took effect March 31, 2024, requires businesses to maintain consumer health data privacy policies and obtain explicit consent for collecting or sharing consumer health information. The legislation includes a private right of action provision, distinguishing it from most other U.S. consumer privacy laws. Washington state stands as one of the few jurisdictions where individuals can directly sue companies for privacy violations without waiting for regulatory action.
The lawsuit claims that Amazon’s Ads SDK, embedded in various mobile applications, collects personal data including location information without proper user notification or consent. According to the complaint, users are not informed when the SDK operates in the background and are not provided options to deny the SDK access to their data. The allegations mirror concerns raised in previous privacy cases, including biometric privacy lawsuits filed against major tech companies.
Specifically, the legal action alleges that Amazon collects “biometric data and precise location information that could reasonably indicate a consumer’s attempt to acquire or receive health services or supplies.” However, the complaint does not specify whether the collected data matches MHMD’s definition of consumer health information, nor does it demonstrate that Amazon linked location data to individuals or identified specific medical facilities. Recent research has shown that location data privacy is increasingly critical, as demonstrated by the Gravy Analytics data breach that exposed millions of users’ location information.
Under MHMD, violations can result in penalties of up to $7,500 per incident. The case remains under review, with Amazon likely to file a motion to dismiss. The lawsuit represents a significant test of Washington’s new health privacy law and could set important precedents for how mobile app developers handle sensitive health-related data.
Sources: Mondaq, Top Class Actions
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