Effective 1-1-2026.
Sec. 2. The following information and data are exempt
from this article:
(1)Protected health information under HIPAA and related
regulations under 45 CFR Part 160, 45 CFR Part 162, and 45 CFR
Part 164. (2)Patient identifying information for purposes of 42 U.S.C.
290dd-2. (3)Any of the following:
(A)Identifiable private information for purposes of the federal
policy for the protection of human subjects under 45 CFR Part
46. (B)Identifiable private information that is otherwise
information collected as part of human subjects research under
the good clinical practice guidelines issued by the International
Council for Harmonisation of Technical Requirements for
Pharmaceuticals for Human Use.
(C)The protection of human subjects under 21 CFR Parts 50
and 56.
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Effective 1-1-2026.
Sec. 2. The following information and data are exempt
from this article:
(1) Protected health information under HIPAA and related
regulations under 45 CFR Part 160, 45 CFR Part 162, and 45 CFR
Part 164.
(2) Patient identifying information for purposes of 42 U.S.C.
290dd-2.
(3) Any of the following:
(A) Identifiable private information for purposes of the federal
policy for the protection of human subjects under 45 CFR Part
46.
(B) Identifiable private information that is otherwise
information collected as part of human subjects research under
the good clinical practice guidelines issued by the International
Council for Harmonisation of Technical Requirements for
Pharmaceuticals for Human Use.
(C) The protection of human subjects under 21 CFR Parts 50
and 56.
(D) Personal data used or shared in research conducted in
accordance with the requirements set forth in this article.
(E) Other research conducted in accordance with applicable
law.
(4) Information and documents created for purposes of the federal
Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101
et seq.).
(5) Patient safety work product for purposes of the federal Patient
Safety and Quality Improvement Act (42 U.S.C. 299b-21 et seq.).
(6) Information derived from any of the health care related
information set forth in this section that is de-identified in
accordance with the requirements for de-identification under
HIPAA.
(7) Information:
(A) originating from;
(B) intermingled with so as to be indistinguishable from; or
(C) treated in the same manner as;
information that is exempt under this section and that is
maintained by a covered entity or business associate, as defined
in HIPAA, or a program or qualified service organization under
42 U.S.C. 290dd-2.
(8) Information used only for public health activities and
purposes, as authorized by HIPAA.
(9) The collection, maintenance, disclosure, sale, communication,
or use of any personal information bearing on a consumer's credit
worthiness, credit standing, credit capacity, character, general
reputation, personal characteristics, or mode of living by:
(A) a consumer reporting agency, furnisher, or user that
provides information for use in a consumer report; or
(B) a user of a consumer report;
but only to the extent that such activity is regulated by and
authorized under the federal Fair Credit Reporting Act (15 U.S.C.
1681 et seq.).
(10) Personal data collected, processed, sold, or disclosed in
compliance with the federal Driver's Privacy Protection Act of
1994 (18 U.S.C. 2721 et seq.).
(11) Personal data regulated by the federal Family Educational
Rights and Privacy Act (20 U.S.C. 1232g et seq.).
(12) Personal data collected, processed, sold, or disclosed in
compliance with the federal Farm Credit Act (12 U.S.C. 2001 et
seq.).
(13) Data processed or maintained:
(A) in the course of an individual applying to, employed by, or
acting as an agent or independent contractor of a controller,
processor, or third party, to the extent that the data is collected
and used within the context of that role;
(B) as emergency contact information for an individual under
this article and used for emergency contact purposes; or
(C) that is necessary to retain to administer benefits for another
individual relating to the individual under clause (A) and used
for the purposes of administering those benefits.