SPRINGFIELD – Recognizing the importance of reproductive health data privacy for Illinois residents, State Senator Celina Villanueva championed a law to directly combat continued attacks on bodily autonomy and keep reproductive data out of the wrong hands.
“This is about making sure women across our state don’t have to live in fear for seeking critical health care, especially abortion care, or face persecution if their private health records fall into a bad actor’s hands,” said Villanueva (D-Chicago). “By requiring health information exchanges to implement new policies that protect sensitive health data, we’re taking a direct approach to protecting women and mitigating the harm of the 2022 Roe v. Wade overturning.”
A health information exchange is used to electronically transfer patient medical data, for the use of maintaining medical records or to share among providers, to improve diagnostic efficiency and the overall quality of patient care. To keep abortion records safe, Villanueva’s law, the Reproductive Health Records Privacy Act, will require health information exchanges to:
- Limit user access to systems containing abortion-related medical information
- Refrain from sharing data across state lines, unless the reason for the disclosure is for technical support, quality assurance or billing purposes, or the patient consents to sharing their data
- Technically segregate information related to abortion services from the rest of a patient’s record
- Disable access to segregated information for out-of-state entities.
Under the law, patients will be able to opt out of data segregation and direct private health care information to be shared with a specific covered entity outside Illinois through an electronic health network. In the case a patient’s right to privacy has been violated, the law will empower patients to seek civil action, whether for injunctive relief, actual damages or associated legal costs.
“Passing this law sends a clear message: in Illinois, abortion care is health care, gender affirming care is health care and our residents’, their access to health care services and their health care records will be protected,” added Villanueva. “We value our residents’ autonomy and privacy, and this law will be just a small token to prove that.”
House Bill 5295 was signed into law Wednesday and goes into effect July 1, 2027.
